MENTAL HEALTH ORDINANCE
- CHAPTER 136

MENTAL HEALTH ORDINANCE - LONG TITLE  
Long title VerDate:01/02/1999



To amend and consolidate the law relating to mental incapacity and the 
care and supervision of mentally incapacitated persons, to provide for the 
management of the property and affairs of mentally incapacitated persons, 
to provide for the reception, detention and treatment of mentally 
incapacitated persons who are mentally disordered persons or patients, to 
provide for the guardianship of such patients and for mentally 
incapacitated persons generally, to make provision for the giving of 
consent for treatment or special treatment in respect of mentally 
incapacitated persons who have attained 18 years of age, to provide for 
the removal of objectionable terminology relating to mental incapacity in 
other statutory provisions and to provide for matters incidental or 
consequential thereto.
(Replaced 81 of 1997 s. 2)

[19 January 1962]  G.N.A. 2 of 1962

(Originally 35 of 1960)



MENTAL HEALTH ORDINANCE - LONG TITLE  
Long title VerDate:30/06/1997



To amend and consolidate the law relating to mental disorder and its 
treatment and to make provision for the reception, detention and treatment 
of persons of unsound mind.

[19 January 1962]  G.N.A. 2 of 1962

(Originally 35 of 1960)



MENTAL HEALTH ORDINANCE - SECT 1
Short title VerDate:30/06/1997



PART I

PRELIMINARY

This Ordinance may be cited as the Mental Health Ordinance.



MENTAL HEALTH ORDINANCE - SECT 2
Interpretation VerDate:01/02/1999




(1)	In this Ordinance, unless the context otherwise requires-
"approved social worker" (認可社會工作者) means a social worker approved for the 
purposes of this Ordinance by the Director of Social Welfare;  (Added 46 
of 1988 s. 2. Amended 81 of 1997 s. 3)
"certified patient" (實證病人) means a person who is detained in a mental 
hospital in accordance with the provisions of section 36;
"chairman" (主席) means chairman of the tribunal;  (Added 46 of 1988 s. 2)
"Correctional Services Department Psychiatric Centre" (懲教署精神病治療中心) means 
the Correctional Services Department Psychiatric Centre set apart as a 
prison under section 4 of the Prisons Ordinance (Cap 234);  (Added 37 of 
1973 s. 2)
"Court" (原訟法庭) means the Court of First Instance and any judge of the 
Court of First Instance;  (Replaced 25 of 1998 s. 2)
"Director of Social Welfare" (社會福利署署長) includes an assistant director of 
social welfare;
"guardian" (監護人)-

        (a)	in relation to a person under the age of 16 years to whom 
section 30 applies, means any other person having charge of that 
first-mentioned person or the Director of Social Welfare;

        (b)	in relation to a person under the age of 18 years other than a 
person to whom paragraph (a) applies, means any other person having charge 
of that first-mentioned person;

        (c)	in relation to a person subject to a guardianship order under 
Part IIIA, means the Director of Social Welfare, or such other person as 
may be specified in the order, as the case may be; or

        (d)	under Part IVB, means the person so appointed under that Part 
in respect of a mentally incapacitated person who has attained the age of 
18 years;  (Replaced 81 of 1997 s. 3)
"hospital order" (入院令) means an order made in accordance with the 
provisions of section 45, 49, 54 or 54A or an order having the effect that 
a person shall be treated as if he were liable to be detained by an order 
under any of those sections;  (Amended 37 of 1973 s. 2; 46 of 1988 s. 2)
"IQ" (智商) means intelligence quotient;  (Added 81 of 1997 s. 3)
"medical officer" (公職醫生) means a registered medical practitioner in the 
full time employment of Government or the Hospital Authority within the 
meaning of the Hospital Authority Ordinance (Cap 113);  (Amended 68 of 
1990 s. 24)
"medical superintendent" (院長) means the medical superintendent or an 
assistant medical superintendent of a mental hospital appointed in 
accordance with the provisions of section 4;
"mental disorder" (精神紊亂) means-

        (a)	mental illness;

        (b)	a state of arrested or incomplete development of mind which 
amounts to a significant impairment of intelligence and social functioning 
which is associated with abnormally aggressive or seriously irresponsible 
conduct on the part of the person concerned;

        (c)	psychopathic disorder; or

        (d)	any other disorder or disability of mind which does not amount 
to mental handicap,
and "mentally disordered" (精神紊亂) shall be construed accordingly;  
(Replaced 81 of 1997 s. 3)
"mental handicap" (弱智) means sub-average general intellectual functioning 
with deficiencies in adaptive behaviour, and "mentally handicapped" shall 
be construed accordingly;  (Added 81 of 1997 s. 3)
"mental hospital" (精神病院) means any place declared to be a mental hospital 
in accordance with the provisions of section 3;
"mental hospital visitor" (精神病院視察人員) means a person appointed to be a 
mental hospital visitor in accordance with the provisions of section 5 
while he is so appointed;
"mental incapacity" (精神上無行為能力) means-

        (a)	mental disorder; or

        (b)	mental handicap,
and "mentally incapacitated" (精神上無行為能力) shall be construed accordingly;  
(Added 81 of 1997 s. 3)
"mentally disordered person" (精神紊亂的人) means a person suffering from mental 
disorder;  (Added 81 of 1997 s. 3)
"mentally handicapped person" (弱智人士) means a person who is or appears to 
be mentally handicapped;  (Added 81 of 1997 s. 3)
"mentally incapacitated person" (精神上無行為能力的人) means-

        (a)	for the purposes of Part II, a person who is incapable, by 
reason of mental incapacity, of managing and administering his property 
and affairs; or

        (b)	for all other purposes, a patient or a mentally handicapped 
person, as the case may be;  (Added 81 of 1997 s. 3)
"patient" (病人) means a person suffering or appearing to be suffering from 
mental disorder;  (Replaced 46 of 1988 s. 2)
"patient under observation" (接受觀察病人) means a person who is detained in a 
mental hospital in accordance with the provisions of section 31 or 32;
"prescribed form" (訂明表格) means a form provided by regulations;  (Amended 
46 of 1988 s. 2)
"psychopathic disorder" (精神病理障礙) means a persistent disorder or disability 
of personality (whether or not including significant impairment of 
intelligence) which results in abnormally aggressive or seriously 
irresponsible conduct on the part of the person concerned;  (Added 46 of 
1988 s. 2. Amended 81 of 1997 s. 3)
"registered dentist" (註冊牙醫) has the same meaning as in the Dentists 
Registration Ordinance (Cap 156);  (Added 81 of 1997 s. 3)
"registered medical practitioner" (註冊醫生) means a person who is registered 
or who is deemed to be registered in accordance with the provisions of the 
Medical Registration Ordinance (Cap 161);
"Registrar" (司法常務官) means the Registrar of the High Court;  (Amended 25 of 
1998 s. 2)
"regulations" (規例) means regulations made under section 72;  (Added 46 of 
1988 s. 2)
"relative" (親屬), in relation to a mentally incapacitated person, means any 
of the following persons being, in the case of persons referred to in 
paragraphs (b) to (i) of this definition, persons who have attained the 
age of 18 years-

        (a)	spouse or reputed spouse;

        (b)	child or child's spouse;

        (c)	parent or parent-in-law;

        (d)	sibling or sibling's spouse;

        (e)	grandparent or grandparent-in-law;

        (f)	grandchild or grandchild's spouse;

        (g)	uncle or aunt;

        (h)	nephew or niece or spouse of nephew or niece;

        (i)	cousin or cousin's spouse;

        (j)	any person with whom the mentally incapacitated person resides 
or has resided;  (Replaced 81 of 1997 s. 3)
"sub-average general intellectual functioning" (低於平均的一般智能) means an IQ of 
70 or below according to the Wechsler Intelligence Scales for Children or 
an equivalent scale in a standardized intelligence test;  (Added 81 of 
1997 s. 3)
"transfer order" (轉移令) means an order issued in accordance with the 
provisions of section 52 or 53;
"tribunal" (審裁處) means the Mental Health Review Tribunal established under 
section 59A;  (Replaced 46 of 1988 s. 2)
"Voluntary patient" (自願入院病人) means a person who has been admitted into and 
is in a mental hospital in accordance with the provisions of section 30.

(2)	Of the medical certificates given for the purposes of section 
7(5) or the opinions given for the purposes of sections 36 and 59M, at 
least one shall be given by a practitioner approved for the purposes of 
this section by the Hospital Authority within the meaning of the Hospital 
Authority Ordinance (Cap 113) as having special experience in the 
diagnosis or treatment of mental disorder or having special experience in 
the assessment or determination of mental handicap, as the case may be.  
(Added 46 of 1988 s. 2. Amended L.N. 76 of 1989; 68 of 1990 s. 24; 81 of 
1997 s. 3)

(3)	In deducing relationships for the purposes of this section, any 
relationship of the half-blood shall be treated as a relationship of the 
whole blood, an illegitimate person shall be treated as the legitimate 
child of his mother, and an adopted child as a child of the adopting 
parent.  (Added 46 of 1988 s. 2)

(4)	Any function vested in the Director of Social Welfare or any 
power conferred on him by or under this Ordinance may be exercised on his 
behalf by any public officer authorized in that behalf by the Director of 
Social Welfare.  (Added 46 of 1988 s. 2. Amended 81 of 1997 s. 3)

(5)	Nothing in subsection (1) shall be construed as implying that a 
person may be dealt with under this Ordinance as suffering from mental 
disorder, or from any form of mental disorder described in that 
subsection, by reason only of promiscuity or other immoral conduct, sexual 
deviancy or dependence on alcohol or drugs.  (Added 46 of 1988 s. 2)

(6)	For the purposes of this Ordinance, any reference to "medical 
superintendent" may be construed to include a reference to any alternative 
title (such as "hospital chief executive") as may be used from time to 
time by the Hospital Authority.  (Added 81 of 1997 s. 3)
"approved social worker" (認可社會工作者)
"certified patient" (實證病人)
"chairman" (主席)
"Correctional Services Department Psychiatric Centre" (懲教署精神病治療中心)
"Court" (原訟法庭)
"Director of Social Welfare" (社會福利署署長)
"guardian" (監護人)
"hospital order" (入院令)
"IQ" (智商)
"medical officer" (公職醫生)
"medical superintendent" (院長)
"mental disorder" (精神紊亂)
"mentally disordered" (精神紊亂)
"mental handicap" (弱智)
"mentally handicapped"
"mental hospital" (精神病院)
"mental hospital visitor" (精神病院視察人員)
"mental incapacity" (精神上無行為能力)
"mentally incapacitated" (精神上無行為能力)
"mentally disordered person" (精神紊亂的人)
"mentally handicapped person" (弱智人士)
"mentally incapacitated person" (精神上無行為能力的人)
"patient" (病人)
"patient under observation" (接受觀察病人)
"prescribed form" (訂明表格)
"psychopathic disorder" (精神病理障礙)
"registered dentist" (註冊牙醫)
"registered medical practitioner" (註冊醫生)
"Registrar" (司法常務官)
"regulations" (規例)
"relative" (親屬)
"sub-average general intellectual functioning" (低於平均的一般智能)
"transfer order" (轉移令)
"tribunal" (審裁處)
"Voluntary patient" (自願入院病人)


MENTAL HEALTH ORDINANCE - SECT 2
Interpretation VerDate:01/07/1997


Adaptation amendments retroactively made - see 25 of 1998 s. 2

(1)	In this Ordinance, unless the context otherwise requires-
"approved social worker" (認可社會工作人員) means a social worker approved for the 
purposes of this Ordinance by the Director of Social Welfare;  (Added 46 
of 1988 s. 2)
"certified patient" (實證病人) means a person who is detained in a mental 
hospital in accordance with the provisions of section 36;
"chairman" (主席) means chairman of the tribunal;  (Added 46 of 1988 s. 2)
"Correctional Services Department Psychiatric Centre" (懲教署精神病治療中心) means 
the Correctional Services Department Psychiatric Centre set apart as a 
prison under section 4 of the Prisons Ordinance (Cap 234);  (Added 37 of 
1973 s. 2)
"Court" (原訟法庭) means the Court of First Instance and any judge of the 
Court of First Instance;  (Replaced 25 of 1998 s. 2)
"Director of Social Welfare" (社會福利署署長) includes an assistant director of 
social welfare;
"guardian" (監護人) in relation to a person under the age of 16 years 
includes any person having charge of the person under the age of 16 years 
and the Director of Social Welfare and in relation to a person received 
into guardianship pursuant to an application under section 33, the person 
in whom the powers specified in section 34(1) are vested;  (Amended 46 of 
1988 s. 2)
"hospital order" (入院令) means an order made in accordance with the 
provisions of section 45, 49, 54 or 54A or an order having the effect that 
a person shall be treated as if he were liable to be detained by an order 
under any of those sections;  (Amended 37 of 1973 s. 2; 46 of 1988 s. 2)
"medical officer" (公職醫生) means a registered medical practitioner in the 
full time employment of Government or the Hospital Authority within the 
meaning of the Hospital Authority Ordinance (Cap 113);  (Amended 68 of 
1990 s. 24)
"medical superintendent" (院長) means the medical superintendent or an 
assistant medical superintendent of a mental hospital appointed in 
accordance with the provisions of section 4;
"mental disorder" (精神紊亂) means mental illness, arrested or incomplete 
development of mind, psychopathic disorder or any other disorder or 
disability of mind;  (Replaced 46 of 1988 s. 2)
"mental hospital" (精神病院) means any place declared to be a mental hospital 
in accordance with the provisions of section 3;
"mental hospital visitor" (精神病院視察人員) means a person appointed to be a 
mental hospital visitor in accordance with the provisions of section 5 
while he is so appointed;
"patient" (病人) means a person suffering or appearing to be suffering from 
mental disorder;  (Replaced 46 of 1988 s. 2)
"patient under observation" (接受觀察病人) means a person who is detained in a 
mental hospital in accordance with the provisions of section 31 or 32;
"prescribed form" (訂明表格) means a form provided by regulations;  (Amended 
46 of 1988 s. 2)
"psychopathic disorder" (精神病理障礙) means a persistent disorder or disability 
of mind (whether or not including significant impairment of intelligence) 
which results in abnormally aggressive or seriously irresponsible conduct 
on the part of the person concerned;  (Added 46 of 1988 s. 2)
"registered medical practitioner" (註冊醫生) means a person who is registered 
or who is deemed to be registered in accordance with the provisions of the 
Medical Registration Ordinance (Cap 161);
"Registrar" (司法常務官) means the Registrar of the High Court;  (Amended 25 of 
1998 s. 2)
"regulations" (規例) means regulations made under section 72;  (Added 46 of 
1988 s. 2)
"relative" (親屬) in relation to a patient means any of the following 
persons being, in the case of the persons referred to in paragraphs (b) to 

        (i) of this definition, persons of or above the age of 18 years-

        (a)	husband or wife, or reputed husband or wife who is living with 
the patient or, if the patient is for the time being an in-patient in a 
hospital or in the Correctional Services Department Psychiatric Centre, 
was so living when the patient was last residing at liberty out of a 
hospital or the Centre;

        (b)	son or daughter;

        (c)	father or mother;

        (d)	brother or sister;

        (e)	grandparent;

        (f)	grandchild;

        (g)	uncle or aunt;

        (h)	nephew or niece;

        (i)	any person with whom the patient ordinarily resides or, if the 
patient is for the time being an in-patient in a hospital or in the 
Correctional Services Department Psychiatric Centre, with whom he was 
ordinarily residing when last at liberty out of a hospital or the Centre;  
(Added 46 of 1988 s. 2)
"transfer order" (轉移令) means an order issued in accordance with the 
provisions of section 52 or 53;
"tribunal" (審裁處) means the Mental Health Review Tribunal established under 
section 59A;  (Replaced 46 of 1988 s. 2)
"Voluntary patient" (自願入院病人) means a person who has been admitted into and 
is in a mental hospital in accordance with the provisions of section 30.

(2)	Of the medical opinions given for the purposes of sections 32, 
33 and 36, at least one shall be given by a practitioner approved for the 
purposes of this section by the Hospital Authority within the meaning of 
the Hospital Authority Ordinance (Cap 113) as having special experience in 
the diagnosis or treatment of mental disorder.  (Added 46 of 1988 s. 2. 
Amended L.N. 76 of 1989; 68 of 1990 s. 24)

(3)	In deducing relationships for the purposes of this section, any 
relationship of the half-blood shall be treated as a relationship of the 
whole blood, an illegitimate person shall be treated as the legitimate 
child of his mother, and an adopted child as a child of the adopting 
parent.  (Added 46 of 1988 s. 2)

(4)	Any function vested in the Director of Social Welfare by this 
Ordinance may be exercised on his behalf by any public officer authorized 
in that behalf by the Director of Social Welfare.  (Added 46 of 1988 s.2)

(5)	Nothing in subsection (1) shall be construed as implying that a 
person may be dealt with under this Ordinance as suffering from mental 
disorder, or from any form of mental disorder described in that 
subsection, by reason only of promiscuity or other immoral conduct, sexual 
deviancy or dependence on alcohol or drugs.  (Added 46 of 1988 s. 2)
"approved social worker" (認可社會工作人員)
"certified patient" (實證病人)
"chairman" (主席)
"Correctional Services Department Psychiatric Centre" (懲教署精神病治療中心)
"Court" (原訟法庭)
"Director of Social Welfare" (社會福利署署長)
"guardian" (監護人)
"hospital order" (入院令)
"medical officer" (公職醫生)
"medical superintendent" (院長)
"mental disorder" (精神紊亂)
"mental hospital" (精神病院)
"mental hospital visitor" (精神病院視察人員)
"patient" (病人)
"patient under observation" (接受觀察病人)
"prescribed form" (訂明表格)
"psychopathic disorder" (精神病理障礙)
"registered medical practitioner" (註冊醫生)
"Registrar" (司法常務官)
"regulations" (規例)
"relative" (親屬)
"transfer order" (轉移令)
"tribunal" (審裁處)
"Voluntary patient" (自願入院病人)


MENTAL HEALTH ORDINANCE - SECT 2
Interpretation VerDate:30/06/1997




(1)	In this Ordinance, unless the context otherwise requires- 
"approved social worker" (認可社會工作人員) means a social worker approved for the 
purposes of this Ordinance by the Director of Social Welfare;  (Added 46 
of 1988 s. 2) 
"certified patient" (實證病人) means a person who is detained in a mental 
hospital in accordance with the provisions of section 36; 
"chairman" (主席) means chairman of the tribunal;  (Added 46 of 1988 s. 2) 
"Correctional Services Department Psychiatric Centre" (懲教署精神病治療中心) means 
the Correctional Services Department Psychiatric Centre set apart as a 
prison under section 4 of the Prisons Ordinance (Cap 234);  (Added 37 of 
1973 s. 2) 
"Court" (高等法院) means the High Court and any judge of the High Court; 
"Director of Social Welfare" (社會福利署署長) includes an assistant director of 
social welfare; 
"guardian" (監護人) in relation to a person under the age of 16 years 
includes any person having charge of the person under the age of 16 years 
and the Director of Social Welfare and in relation to a person received 
into guardianship pursuant to an application under section 33, the person 
in whom the powers specified in section 34(1) are vested;  (Amended 46 of 
1988 s. 2) 
"hospital order" (入院令) means an order made in accordance with the 
provisions of section 45, 49, 54 or 54A or an order having the effect that 
a person shall be treated as if he were liable to be detained by an order 
under any of those sections;  (Amended 37 of 1973 s. 2; 46 of 1988 s. 2) 
"medical officer" (公職醫生) means a registered medical practitioner in the 
full time employment of Government or the Hospital Authority within the 
meaning of the Hospital Authority Ordinance (Cap 113);  (Amended 68 of 
1990 s. 24) 
"medical superintendent" (院長) means the medical superintendent or an 
assistant medical superintendent of a mental hospital appointed in 
accordance with the provisions of section 4; 
"mental disorder" (精神紊亂) means mental illness, arrested or incomplete 
development of mind, psychopathic disorder or any other disorder or 
disability of mind;  (Replaced 46 of 1988 s. 2)
"mental hospital" (精神病院) means any place declared to be a mental hospital 
in accordance with the provisions of section 3; 
"mental hospital visitor" (精神病院視察人員) means a person appointed to be a 
mental hospital visitor in accordance with the provisions of section 5 
while he is so appointed; 
"patient" (病人) means a person suffering or appearing to be suffering from 
mental disorder;  (Replaced 46 of 1988 s. 2) 
"patient under observation" (接受觀察病人) means a person who is detained in a 
mental hospital in accordance with the provisions of section 31 or 32; 
"prescribed form" (訂明表格) means a form provided by regulations;  (Amended 
46 of 1988 s. 2)
"psychopathic disorder" (精神病理障礙) means a persistent disorder or disability 
of mind (whether or not including significant impairment of intelligence) 
which results in abnormally aggressive or seriously irresponsible conduct 
on the part of the person concerned;  (Added 46 of 1988 s. 2) 
"registered medical practitioner" (註冊醫生) means a person who is registered 
or who is deemed to be registered in accordance with the provisions of the 
Medical Registration Ordinance (Cap 161); 
"Registrar" (司法常務官) means the Registrar of the Supreme Court; 
"regulations" (規例) means regulations made under section 72;  (Added 46 of 
1988 s. 2) 
"relative" (親屬) in relation to a patient means any of the following 
persons being, in the case of the persons referred to in paragraphs (b) to 

        (i) of this definition, persons of or above the age of 18 years- 

        (a)	husband or wife, or reputed husband or wife who is living with 
the patient or, if the patient is for the time being an in-patient in a 
hospital or in the Correctional Services Department Psychiatric Centre, 
was so living when the patient was last residing at liberty out of a 
hospital or the Centre; 

        (b)	son or daughter; 

        (c)	father or mother; 

        (d)	brother or sister; 

        (e)	grandparent; 

        (f)	grandchild; 

        (g)	uncle or aunt; 

        (h)	nephew or niece; 

        (i)	any person with whom the patient ordinarily resides or, if the 
patient is for the time being an in-patient in a hospital or in the 
Correctional Services Department Psychiatric Centre, with whom he was 
ordinarily residing when last at liberty out of a hospital or the Centre;  
(Added 46 of 1988 s. 2) 
"transfer order" (轉移令) means an order issued in accordance with the 
provisions of section 52 or 53; 
"tribunal" (審裁處) means the Mental Health Review Tribunal established under 
section 59A;  (Replaced 46 of 1988 s. 2) 
"Voluntary patient" (自願入院病人) means a person who has been admitted into and 
is in a mental hospital in accordance with the provisions of section 30. 

(2)	Of the medical opinions given for the purposes of sections 32, 
33 and 36, at least one shall be given by a practitioner approved for the 
purposes of this section by the Hospital Authority within the meaning of 
the Hospital Authority Ordinance (Cap 113) as having special experience in 
the diagnosis or treatment of mental disorder.  (Added 46 of 1988 s. 2. 
Amended L.N. 76 of 1989; 68 of 1990 s. 24) 

(3)	In deducing relationships for the purposes of this section, any 
relationship of the half-blood shall be treated as a relationship of the 
whole blood, an illegitimate person shall be treated as the legitimate 
child of his mother, and an adopted child as a child of the adopting 
parent.  (Added 46 of 1988 s. 2) 

(4)	Any function vested in the Director of Social Welfare by this 
Ordinance may be exercised on his behalf by any public officer authorized 
in that behalf by the Director of Social Welfare.  (Added 46 of 1988 s.2) 

(5)	Nothing in subsection (1) shall be construed as implying that a 
person may be dealt with under this Ordinance as suffering from mental 
disorder, or from any form of mental disorder described in that 
subsection, by reason only of promiscuity or other immoral conduct, sexual 
deviancy or dependence on alcohol or drugs.  (Added 46 of 1988 s. 2)
"approved social worker" (認可社會工作人員)
"certified patient" (實證病人)
"chairman" (主席)
"Correctional Services Department Psychiatric Centre" (懲教署精神病治療中心)
"Court" (高等法院)
"Director of Social Welfare" (社會福利署署長)
"guardian" (監護人)
"hospital order" (入院令)
"medical officer" (公職醫生)
"medical superintendent" (院長)
"mental disorder" (精神紊亂)
"mental hospital" (精神病院)
"mental hospital visitor" (精神病院視察人員)
"patient" (病人)
"patient under observation" (接受觀察病人)
"prescribed form" (訂明表格)
"psychopathic disorder" (精神病理障礙)
"registered medical practitioner" (註冊醫生)
"Registrar" (司法常務官)
"regulations" (規例)
"relative" (親屬)
"transfer order" (轉移令)
"tribunal" (審裁處)
"Voluntary patient" (自願入院病人)


MENTAL HEALTH ORDINANCE - SECT 3
Declaration of mental hospitals VerDate:01/07/1997


Adaptation amendments retroactively made - see 60 of 2000 s. 3


(1)	The Chief Executive may by order declare any place which is the 
property of the Government to be a mental hospital for the detention, 
custody, treatment and care of mentally disordered persons.

(2)	The Chief Executive on the application of the owner thereof, 
may, by order, declare any place which is not the property of the 
Government to be a mental hospital for the detention, custody, treatment 
and care of mentally disordered persons.

(3)	Notification of every such order shall be published in the 
Gazette.
(Amended 60 of 2000 s. 3)


MENTAL HEALTH ORDINANCE - SECT 3
Declaration of mental hospitals VerDate:30/06/1997




(1)	The Governor may by order declare any place which is the 
property of the Government to be a mental hospital for the detention, 
custody, treatment and care of mentally disordered persons.

(2)	The Governor on the application of the owner thereof, may, by 
order, declare any place which is not the property of the Government to be 
a mental hospital for the detention, custody, treatment and care of 
mentally disordered persons.

(3)	Notification of every such order shall be published in the 
Gazette.



MENTAL HEALTH ORDINANCE - SECT 4
Appointment of medical superintendents and assistant medical superintendents VerDate:01/02/1999


Adaptation amendments retroactively made - see 60 of 2000 s. 3

(1)	The Chief Executive may appoint any medical officer to be the 
medical superintendent or an assistant medical superintendent of a mental 
hospital.

(2)	On the application of any registered medical practitioner who 
is not a medical officer, the Chief Executive may appoint the registered 
medical practitioner to be the medical superintendent or an assistant 
medical superintendent of a mental hospital.  (Amended 81 of 1997 s. 4)

(3)	Notification of every such appointment shall be published in 
the Gazette.
(Amended 60 of 2000 s. 3)



MENTAL HEALTH ORDINANCE - SECT 4
Appointment of medical superintendents and assistant medical superintendents VerDate:01/07/1997


Adaptation amendments retroactively made - see 60 of 2000 s. 3

(1)	The Chief Executive may appoint any medical officer to be the 
medical superintendent or an assistant medical superintendent of a mental 
hospital.

(2)	On the application of any registered medical practitioner not 
in the employment of Government, the Chief Executive may appoint the 
registered medical practitioner to be the medical superintendent or an 
assistant medical superintendent of a mental hospital.

(3)	Notification of every such appointment shall be published in 
the Gazette.
(Amended 60 of 2000 s. 3)



MENTAL HEALTH ORDINANCE - SECT 4
Appointment of medical superintendents and assistant medical superintendents VerDate:30/06/1997




(1)	The Governor may appoint any medical officer to be the medical 
superintendent or an assistant medical superintendent of a mental hospital.

(2)	On the application of any registered medical practitioner not 
in the employment of Government, the Governor may appoint the registered 
medical practitioner to be the medical superintendent or an assistant 
medical superintendent of a mental hospital.

(3)	Notification of every such appointment shall be published in 
the Gazette.



MENTAL HEALTH ORDINANCE - SECT 5
Appointment and duties of visitors VerDate:01/07/1997


Adaptation amendments retroactively made - see 60 of 2000 s. 3


(1)	The Chief Executive may appoint mental hospital visitors for 
every mental hospital.  (Amended 60 of 2000 s. 3)

(2)	Two or more mental hospital visitors appointed in accordance 
with subsection (1) shall once at least in every month, together inspect 
every part of the mental hospital of which they are mental hospital 
visitors and shall see and examine so far as circumstances permit, every 
patient therein and shall enter in a book to be kept for that purpose any 
remarks which they may deem proper in regard to the management and 
condition of the mental hospital and the patients therein.  (Amended 46 of 
1988 s.3)


MENTAL HEALTH ORDINANCE - SECT 5
Appointment and duties of visitors VerDate:30/06/1997




(1)	The Governor may appoint mental hospital visitors for every 
mental hospital.

(2)	Two or more mental hospital visitors appointed in accordance 
with subsection (1) shall once at least in every month, together inspect 
every part of the mental hospital of which they are mental hospital 
visitors and shall see and examine so far as circumstances permit, every 
patient therein and shall enter in a book to be kept for that purpose any 
remarks which they may deem proper in regard to the management and 
condition of the mental hospital and the patients therein.  (Amended 46 of 
1988 s.3)



MENTAL HEALTH ORDINANCE - SECT 6
Delegation VerDate:30/06/1997



A medical superintendent may delegate any of his powers and functions 
under this Ordinance to any registered medical practitioner and may use 
and employ to carry out his functions under this Ordinance any employee in 
a mental hospital.



MENTAL HEALTH ORDINANCE - SECT 7
Court may order inquiry VerDate:01/02/1999



PART II

MANAGEMENT OF PROPERTY AND AFFAIRS OF
MENTALLY INCAPACITATED PERSONS
(Replaced 81 of 1997 s. 5)


(1)	The Court may, on application under this section, make an order 
directing an inquiry whether any person subject to the jurisdiction of the 
Court who is alleged to be mentally incapacitated is incapable, by reason 
of mental incapacity, of managing and administering his property and 
affairs.  (Replaced 81 of 1997 s. 6)

(2)	Such order may also contain directions for inquiries concerning 
the nature of the property belonging to the person alleged to be mentally 
incapacitated, the persons who are his relative or next-of-kin, the time 
during which he has been mentally incapacitated or such other questions as 
to the Court shall seem proper.  (Amended 81 of 1997 ss. 6 & 58)

(3)	Application for such inquiry may be made by any relative of the 
person alleged to be a mentally incapacitated person, but if no such 
application is made by the relative, then by-

        (a)	the Director of Social Welfare;

        (b)	the Official Solicitor; or

        (c)	any guardian of that person appointed under Part IVB.  
(Replaced 81 of 1997 s. 6)

(4)	The application referred to in subsection (3) shall be made by 
an originating summons (within the meaning of the Rules of the High Court 
(Cap 4 sub. leg.)) and those Rules shall apply accordingly.  (Added 81 of 
1997 s. 6. Amended 25 of 1998 s. 2)

(5)	Despite subsection (4), the application referred to in 
subsection (3) shall be accompanied by 2 medical certificates and evidence 
of the relatives or next-of-kin and the property (if any) of the mentally 
incapacitated person, and such other documents or evidence as may be 
required by the Court.  (Added 81 of 1997 s. 6)

(6)	In this section-
"evidence of the relatives or next-of-kin and the property" (關於親屬或最近親及財產的證
據) means a certificate made and signed by the applicant or, if the Court 
so orders in a particular case, an affidavit, giving particulars of the 
mentally incapacitated person's relatives or next-of-kin, property and 
affairs and of the circumstances giving rise to the application;
"medical certificate" (醫生證明書) means a certificate made and signed by a 
registered medical practitioner that the mentally incapacitated person is 
incapable, by reason of mental incapacity, of managing and administering 
his property and affairs.  (Added 81 of 1997 s. 6)
"evidence of the relatives or next-of-kin and the property" (關於親屬或最近親及財產的證
據)
"medical certificate" (醫生證明書)


MENTAL HEALTH ORDINANCE - SECT 7
Court may order inquiry VerDate:30/06/1997



PART II

PROCEEDINGS IN INQUIRIES INTO MENTAL DISORDERS


(1)	The Court may, on such application as is hereinafter mentioned, 
make an order directing an inquiry whether any person subject to the 
jurisdiction of the Court who is alleged to be a mentally disordered 
person is of unsound mind and incapable of managing himself and his 
affairs.

(2)	Such order may also contain directions for inquiries concerning 
the nature of the property belonging to the person alleged to be mentally 
disordered, the persons who are his relative or next-of-kin, the time 
during which he has been of unsound mind or such other questions as to the 
Court shall seem proper.

(3)	Application for such inquiry may be made by any person related 
by blood or marriage to the person alleged to be a mentally disordered 
person, or by any public officer nominated by the Chief Secretary.



MENTAL HEALTH ORDINANCE - SECT 8
Provision as to notice of inquiry VerDate:01/02/1999





(1)	Reasonable notice of the time and place appointed for the 
inquiry shall be given to the person alleged to be a mentally 
incapacitated person:
Provided that if it shall appear that the person alleged to be a mentally 
incapacitated person is in such a state that personal service on him would 
be ineffectual, the Court may direct such substituted service of the 
notice as it shall think proper.

(2)	The Court may also, if it thinks fit, direct a copy of such 
notice to be served upon any relative of the person alleged to be a 
mentally incapacitated person.
(Amended 81 of 1997 ss. 7 & 58)


MENTAL HEALTH ORDINANCE - SECT 8
Provision as to notice of inquiry VerDate:30/06/1997




(1)	Reasonable notice of the time and place appointed for the 
inquiry shall be given to the person alleged to be a mentally disordered 
person:
Provided that if it shall appear that the person alleged to be a mentally 
disordered person is in such a state that personal service on him would be 
ineffectual, the Court may direct such substituted service of the notice 
as it shall think proper.

(2)	The Court may also, if it thinks fit, direct a copy of such 
notice to be served upon any person related by blood or marriage to the 
person alleged to be a mentally disordered person.



MENTAL HEALTH ORDINANCE - SECT 9
Power to examine person alleged to be mentally incapacitated VerDate:01/02/1999




At any time after the application for the inquiry the Court may require 
the person alleged to be a mentally incapacitated person to attend at such 
convenient time and place within Hong Kong as the Court may appoint, for 
the purpose of being personally examined by the Court or by any person 
from whom the Court may desire to have a report of his mental capacity and 
condition, and the Court may also make an order authorizing any person or 
persons named therein to have access to the person alleged to be a 
mentally incapacitated person for the purpose of a personal examination.
(Amended 46 of 1988 s. 32; 81 of 1997 s. 58)


MENTAL HEALTH ORDINANCE - SECT 9
Power to examine person alleged to be mentally disordered VerDate:30/06/1997



At any time after the application for the inquiry the Court may require 
the person alleged to be a mentally disordered person to attend at such 
convenient time and place within Hong Kong as the Court may appoint, for 
the purpose of being personally examined by the Court or by any person 
from whom the Court may desire to have a report of his mental capacity and 
condition, and the Court may also make an order authorizing any person or 
persons named therein to have access to the person alleged to be a 
mentally disordered person for the purpose of a personal examination.
(Amended 46 of 1988 s. 32)



MENTAL HEALTH ORDINANCE - SECT 10
Questions to be decided by Court VerDate:01/02/1999





(1)	At the inquiry, after receiving such reports and hearing such 
evidence and arguments as it may think fit, the Court shall decide whether 
the person who is alleged to be a mentally incapacitated person is 
incapable, by reason of mental incapacity, of managing and administering 
his property and affairs and shall also decide any other questions as to 
which an inquiry has been directed.  (Replaced 81 of 1997 s. 8)

(2)	The Court may make such order as may appear just respecting the 
costs of the inquiry and may include therein such remuneration to 
physicians and surgeons as the Court shall deem reasonable:
Provided that no order for the payment of costs shall be made against an 
applicant under section 7(3)(a) or (b).  (Amended 81 of 1997 s. 8)


MENTAL HEALTH ORDINANCE - SECT 10
Questions to be decided by Court VerDate:30/06/1997




(1)	At the inquiry, after receiving such reports and hearing such 
evidence and arguments as it may think fit, the Court shall decide whether 
the person who is alleged to be a mentally disordered person is or is not 
of unsound mind and incapable of managing himself and his affairs and 
shall also decide any other questions as to which an inquiry has been 
directed.

(2)	The Court may make such order as may appear just respecting the 
costs of the inquiry and may include therein such remuneration to 
physicians and surgeons as the Court shall deem reasonable:
Provided that no order for the payment of costs shall be made against the 
Chief Secretary or against any public officer nominated under section 7.



MENTAL HEALTH ORDINANCE - SECT 10A
General functions of Court with respect to property and affairs of mentally incapacitated person VerDate:01/02/1999




(1)	The Court may, with respect to the property and affairs of a 
mentally incapacitated person, do or secure the doing of all such things 
as appear necessary or expedient-

        (a)	for the maintenance or other benefit of that person;

        (b)	for the maintenance or other benefit of members of that 
person's family;

        (c)	for making provision for any other person or purposes for whom 
or for which the mentally incapacitated person might be expected to 
provide if he were not mentally incapacitated; or

        (d)	otherwise for administering the mentally incapacitated person's 
property and affairs.

(2)	In the performance of the functions under subsection (1) the 
Court shall have regard-

        (a)	as a paramount consideration, to the requirements of the 
mentally incapacitated person;

        (b)	subject to paragraph (c), to the interest of creditors;

        (c)	to the rules of common law which formerly restricted the 
enforcement by a creditor of rights against the property of a mentally 
incapacitated person under the control of the Court or other judicial 
authority (if any), which rules shall apply to property under the 
protection and management of the Court; and 

        (d)	to the desirability of making provision for obligations of the 
mentally incapacitated person notwithstanding that those obligations may 
not be legally enforceable.
(Added 81 of 1997 s. 9)



MENTAL HEALTH ORDINANCE - SECT 10B
Powers of Court as to mentally incapacitated person's property and affairs VerDate:01/02/1999




(1)	Without prejudice to the generality of section 10A, the Court 
shall have power to make such orders and give such directions and 
authorities as it thinks fit for the purposes of that section and in 
particular may for those purposes make orders or give directions or 
authorities for-

        (a)	subject to section 12, the control and management of any 
property of the mentally incapacitated person, including such orders, 
directions or authorities in respect of the transfer or vesting of 
property or the payment into or lodgment in the Court of money or 
securities; 

        (b)	the sale, exchange, charging or other disposition of or dealing 
with any property (including the business premises) of the mentally 
incapacitated person;

        (c)	the acquisition of any property in the name, or on behalf, of 
the mentally incapacitated person;

        (d)	the settlement of any property of the mentally incapacitated 
person, or the gift of any property of that person to any other person or 
for any purposes described in section 10A(1)(b) or (c);

        (e)	the execution for the mentally incapacitated person of a will 
making any provision (whether by way of disposing of property or 
exercising a power or otherwise) which could be made by a will executed by 
that person if he were not mentally incapacitated;

        (f)	the carrying on by another suitable person of any profession, 
trade or business of the mentally incapacitated person;

        (g)	the dissolution of a partnership of which the mentally 
incapacitated person is a member;

        (h)	the carrying out of any contract entered into by the mentally 
incapacitated person;

        (i)	the conduct of legal proceedings in the name of the mentally 
incapacitated person or on that person's behalf;

        (j)	the reimbursement out of the property of the mentally 
incapacitated person, with or without interest, of money applied by any 
other person either in payment of the mentally incapacitated person's 
debts (whether legally enforceable or not) or for the maintenance or other 
benefit of the mentally incapacitated person or members of his family or 
in making provision for any other person or for any purposes for whom or 
for which he might be expected to provide if he were not mentally 
incapacitated;

        (k)	the exercise of any power (including a power to consent) vested 
in the mentally incapacitated person, whether beneficially, or as guardian 
or trustee, or otherwise.

(2)	If under subsection (1) provision is made for the settlement of 
any property of a mentally incapacitated person, or the exercise of a 
power vested in that person of appointing trustees or retiring from a 
trust, the Court may make as respects the property so settled or the trust 
property such vesting or other orders as the case may require, including 

        (in the case of the exercise of such a power) any order which could have 
been made under the Trustee Ordinance (Cap 29).

(3)	Where under this section a settlement has been made of any 
property of a mentally incapacitated person, and the Court is satisfied, 
at any time before the death of that person, that any material fact was 
not disclosed when the settlement was made, or that there has been a 
substantial change in the circumstances then pertaining, the Court may by 
order vary the settlement in such manner as the Court thinks fit, and (if 
necessary) give consequential directions.

(4)	The power of the Court to make or give an order, direction or 
authority for the execution of a will for a mentally incapacitated person-

        (a)	shall not be exercisable at any time when that person is a 
minor; and

        (b)	shall not be exercised unless the Court has reason to believe 
that the mentally incapacitated person is incapable of making a valid will 
for himself.
(Added 81 of 1997 s. 9)



MENTAL HEALTH ORDINANCE - SECT 10C
Supplementary provisions as to wills executed under section 10B VerDate:01/02/1999




(1)	Where under section 10B(1) the Court makes an order or gives a 
direction or authority requiring or authorizing another person ("the 
authorized person") to execute a will for a mentally incapacitated person, 
any will executed in pursuance of that order, direction or authority shall 
be expressed to be signed by the mentally incapacitated person acting by 
the authorized person, and shall be-

        (a)	signed by the authorized person in the name of the mentally 
incapacitated person, and with the authorized person's own name, in the 
presence of 2 or more witnesses present at the same time;

        (b)	attested and subscribed by those witnesses in the presence of 
the authorized person; and 

        (c)	sealed with the seal of the Court.

(2)	The Wills Ordinance (Cap 30) shall have effect in relation to 
any such will as if it were signed by the mentally incapacitated person by 
his own hand, except that in relation to any such will-

        (a)	section 5 of that Ordinance (which makes provision as to the 
signing and witnessing of wills) shall not apply; and

        (b)	in any provision of that Ordinance any reference to execution 
in the manner required by that section of that Ordinance shall be 
construed as a reference to execution in the manner required by subsection 

(1).

(3)	Subject to this section, any such will executed in accordance 
with subsection (1) shall have the same effect for all purposes as if the 
mentally incapacitated person were capable of making a valid will and the 
will had been executed by him in the manner required by the Wills 
Ordinance (Cap 30).

(4)	So much of subsection (3) as provides for such a will to have 
effect as if the mentally incapacitated person were capable of making a 
valid will-

        (a)	shall not have effect in relation to such a will in so far as 
it disposes of any immovable property, other than immovable property in 
Hong Kong; and

        (b)	where at the time when such a will is executed the mentally 
incapacitated person is domiciled in a place outside Hong Kong, shall not 
have effect in relation to that will in so far as it relates to any other 
property or matter, except any property or matter in respect of which, 
under the law of the mentally incapacitated person's domicile, any 
question of his testamentary capacity would fall to be determined in 
accordance with the law of Hong Kong.
(Added 81 of 1997 s. 9)



MENTAL HEALTH ORDINANCE - SECT 10D
Court's powers in cases of emergency VerDate:01/02/1999



Where-

        (a)	it is represented to the Court, and the Court has reason to 
believe, that a mentally incapacitated person may be incapable by reason 
of mental incapacity of managing and administering his property and 
affairs; and

        (b)	the Court is of the opinion that it is necessary to make 
immediate provision for any of the matters referred to in section 10A(1),
then pending the determination of the question as to whether that person 
is so incapable, the Court may exercise in relation to the property and 
affairs of that person any of the powers conferred on the Court by this 
Part in relation to the property and affairs of a mentally incapacitated 
person so far as is requisite for enabling that provision to be made.
(Added 81 of 1997 s. 9)



MENTAL HEALTH ORDINANCE - SECT 10E
Preservation of interests in mentally incapacitated person's property VerDate:09/06/2000





(1)	Where any property of a mentally incapacitated person has been 
disposed of under this Part, and under his will or his intestacy, or by 
any gift perfected or nomination taking effect on his death, any other 
person would have taken an interest in the property but for the disposal-

        (a)	he shall take the same interest, if and so far as circumstances 
allow, in any property belonging to the estate of the deceased which 
represents the property disposed of; and

        (b)	if the property disposed of was real property any property 
representing it shall so long as it remains part of his estate be treated 
as if it were real property.

(2)	The Court, in ordering, directing or authorizing under this 
Part any disposal of property which apart from this section would result 
in the conversion of personal property into real property, may direct that 
the property representing the property disposed of shall, so long as it 
remains the property of the mentally incapacitated person or forms part of 
his estate, be treated as if it were personal property.

(3)	References in subsections (1) and (2) to the disposal of 
property are references to-

        (a)	the sale, exchange, charging or other dealing (otherwise than 
by will) with property other than money;

        (b)	the removal of property from one place to another;

        (c)	the application of money in acquiring property; or

        (d)	the transfer of money from one account to another,
and references to property representing property disposed of shall be 
construed accordingly and as including the result of successive disposals.

(4)	The Court may give such directions as appear to it necessary or 
expedient for the purpose of facilitating the operation of subsection (1), 
including the carrying of money to a separate account and the transfer of 
property other than money.  (Amended 32 of 2000 s. 48)

(5)	Where the Court has ordered, directed or authorized the 
expenditure of money for the carrying out of permanent improvements on, or 
otherwise for the permanent benefit of, any property of the mentally 
incapacitated person, it may order that the whole or any part of the money 
expended or to be expended shall be a charge upon the property, whether 
without interest or with interest at a specified rate; and an order under 
this subsection may provide for excluding or restricting the operation of 
subsection (1).

(6)	A charge under subsection (5) may be made in favour of such 
person as may be just, and in particular, where the money charged is paid 
out of the mentally incapacitated person's general estate, may be made in 
favour of a person as trustee for the mentally incapacitated person; but 
no charge under that subsection shall confer any right of sale or 
foreclosure during the lifetime of the mentally incapacitated person.
(Added 81 of 1997 s. 9)


MENTAL HEALTH ORDINANCE - SECT 10E
Preservation of interests in mentally incapacitated person's property VerDate:01/02/1999




(1)	Where any property of a mentally incapacitated person has been 
disposed of under this Part, and under his will or his intestacy, or by 
any gift perfected or nomination taking effect on his death, any other 
person would have taken an interest in the property but for the disposal-

        (a)	he shall take the same interest, if and so far as circumstances 
allow, in any property belonging to the estate of the deceased which 
represents the property disposed of; and

        (b)	if the property disposed of was real property any property 
representing it shall so long as it remains part of his estate be treated 
as if it were real property.

(2)	The Court, in ordering, directing or authorizing under this 
Part any disposal of property which apart from this section would result 
in the conversion of personal property into real property, may direct that 
the property representing the property disposed of shall, so long as it 
remains the property of the mentally incapacitated person or forms part of 
his estate, be treated as if it were personal property.

(3)	References in subsections (1) and (2) to the disposal of 
property are references to-

        (a)	the sale, exchange, charging or other dealing (otherwise than 
by will) with property other than money;

        (b)	the removal of property from one place to another;

        (c)	the application of money in acquiring property; or

        (d)	the transfer of money from one account to another,
and references to property representing property disposed of shall be 
construed accordingly and as including the result of successive disposals.

(4)	The Court may give such directions as appear to it necesary or 
expedient for the purpose of facilitating the operation of subsection (1), 
including the carrying of money to a separate account and the transfer of 
property other than money.

(5)	Where the Court has ordered, directed or authorized the 
expenditure of money for the carrying out of permanent improvements on, or 
otherwise for the permanent benefit of, any property of the mentally 
incapacitated person, it may order that the whole or any part of the money 
expended or to be expended shall be a charge upon the property, whether 
without interest or with interest at a specified rate; and an order under 
this subsection may provide for excluding or restricting the operation of 
subsection (1).

(6)	A charge under subsection (5) may be made in favour of such 
person as may be just, and in particular, where the money charged is paid 
out of the mentally incapacitated person's general estate, may be made in 
favour of a person as trustee for the mentally incapacitated person; but 
no charge under that subsection shall confer any right of sale or 
foreclosure during the lifetime of the mentally incapacitated person.
(Added 81 of 1997 s. 9)



MENTAL HEALTH ORDINANCE - SECT 11
Appointment of committees VerDate:01/02/1999





(1)	If the Court is satisfied that the person who is alleged to be 
mentally incapacitated is incapable, by reason of mental incapacity, of 
managing and administering his property and affairs, the Court may, if it 
shall think fit, appoint a committee of the estate, and for this purpose, 
the Official Solicitor may be so appointed of such person and may make 
such order, if any, as to the remuneration of the committee out of such 
person's estate, and as to the giving of security by the committee, as to 
the Court may seem fit.  (Amended 81 of 1997 s. 10)

(2)	A committee of the estate appointed under this Part shall do 
all such things in relation to the property and affairs of the mentally 
incapacitated person as the Court, in the exercise of the powers conferred 
on the Court under sections 10A and 10B, orders or directs the committee 
of the estate to do and may do any such thing in relation to the property 
and affairs of the mentally incapacitated person as the Court, in the 
exercise of those powers, authorizes the committee of the estate to do.  
(Replaced 81 of 1997 s. 10)

(3)	The provisions of Order 30, rules 5, 6 and 7 of the Rules of 
the High Court (Cap 4 sub. leg.) which apply to receivers shall apply to a 
committee of the estate as if the references to "receiver" in those rules 
were substituted by references to "committee of the estate".  (Added 81 of 
1997 s. 10. Amended 25 of 1998 s. 2)


MENTAL HEALTH ORDINANCE - SECT 11
Appointment of committees VerDate:30/06/1997




(1)	If the Court finds that the person who is alleged to be a 
mentally disordered person is of unsound mind and incapable of managing 
himself and his affairs, the Court may, if it shall think fit, appoint a 
committee of the person and estate of such person and may make such order, 
if any, as to the remuneration of the committee out of such person's 
estate, and as to the giving of security by the committee, as to the Court 
may seem fit.

(2)	If the Court finds that the person who is alleged to be a 
mentally disordered person is incapable of managing his affairs, but is 
not dangerous to himself or to others, the Court may appoint a committee 
of his estate, without appointing a committee of his person.



MENTAL HEALTH ORDINANCE - SECT 12
Powers of management of estate of mentally incapacitated person VerDate:01/02/1999




The Court may, on the appointment of a committee of the estate of a 
mentally incapacitated person, direct by the order of appointment or by 
any subsequent order that the person to whom the charge of the estate is 
committed shall have such powers for the management thereof as to the 
Court shall seem necessary and proper, reference being had to the nature 
of the property, whether movable or immovable, of which the estate may 
consist:  (Amended 81 of 1997 ss. 11 & 58)
Provided that such powers shall not extend to the sale or charge by way of 
mortgage of the estate or any part thereof or to the letting of any 
immovable property, unless for a term not exceeding 3 years.


MENTAL HEALTH ORDINANCE - SECT 12
Powers of management of estate of mentally disordered person VerDate:30/06/1997



The Court may, on the appointment of a committee of the person or estate 
of a mentally disordered person, direct by the order of appointment or by 
any subsequent order that the person to whom the charge of the estate is 
committed shall have such powers for the management thereof as to the 
Court shall seem necessary and proper, reference being had to the nature 
of the property, whether movable or immovable, of which the estate may 
consist:
Provided that such powers shall not extend to the sale or charge by way of 
mortgage of the estate or any part thereof or to the letting of any 
immovable property, unless for a term not exceeding 3 years.



MENTAL HEALTH ORDINANCE - SECT 13
Powers of Registrar VerDate:01/02/1999





(1)	The Registrar may, without an order of reference, receive any 
proposal and conduct any inquiry respecting the management of the estate 
of a mentally incapacitated person if such proposal relates to any matter 
which the committee of the estate has not been empowered by an order under 
section 12 to dispose of.  (Amended 81 of 1997 s. 58)

(2)	The Registrar may likewise, without reference, receive and 
inquire into any proposal relating to the sale or charge by way of 
mortgage of the estate or of any part thereof or to the letting of any 
immovable property for a term exceeding 3 years.

(3)	The Registrar shall report to the Court on the proposal, and 
the Court shall, subject to the provisions of this Ordinance, make such 
order upon the report and respecting the costs as shall under the 
circumstances seem just.


MENTAL HEALTH ORDINANCE - SECT 13
Powers of Registrar VerDate:30/06/1997




(1)	The Registrar may, without an order of reference, receive any 
proposal and conduct any inquiry respecting the management of the estate 
of a mentally disordered person if such proposal relates to any matter 
which the committee of the estate has not been empowered by an order under 
section 12 to dispose of.

(2)	The Registrar may likewise, without reference, receive and 
inquire into any proposal relating to the sale or charge by way of 
mortgage of the estate or of any part thereof or to the letting of any 
immovable property for a term exceeding 3 years.

(3)	The Registrar shall report to the Court on the proposal, and 
the Court shall, subject to the provisions of this Ordinance, make such 
order upon the report and respecting the costs as shall under the 
circumstances seem just.



MENTAL HEALTH ORDINANCE - SECT 14
What relatives may attend proceedings VerDate:30/06/1997



The Court shall once in the matter of each inquiry, and may afterwards 
from time to time, determine whether any one or more, and, if any, how 
many and which of the relatives or next-of-kin shall attend before the 
Registrar at the cost of the estate in any proceeding connected with the 
management thereof, and, if any such relative or next-of-kin is an infant, 
may from time to time appoint a fit person to be his guardian for the 
purpose of such proceeding.



MENTAL HEALTH ORDINANCE - SECT 15
Orders may be made on petition VerDate:30/06/1997



The Court may, on application made to it by petition concerning any matter 
whatsoever connected with the inquiry, make such order, subject to the 
provisions of this Ordinance, respecting the application and the costs 
thereof and of the consequent proceedings as shall under the circumstances 
seem just.



MENTAL HEALTH ORDINANCE - SECT 16
(Repealed 81 of 1997 s. 12) VerDate:01/02/1999







MENTAL HEALTH ORDINANCE - SECT 16
Dealing with mentally disordered person's property for certain purposes VerDate:30/06/1997



The Court may, if it appears to be just or for the benefit of the mentally 
disordered person, order that any property, movable or immovable, and 
whether in possession, reversion, remainder, contingency or expectancy, be 
sold, charged by way of mortgage or otherwise disposed of as may seem most 
expedient for the purpose of raising money to be applied for any of the 
following purposes-

        (a)	the payment of his debts, including any debt incurred for his 
maintenance or otherwise for his benefit;

        (b)	the discharge of any incumbrance on his estate;

        (c)	the payment of or provision for the expenses of his future 
maintenance and the maintenance of his family, including the expenses of 
his removal to his country of origin or elsewhere, when he shall be so 
removed, and all expenses incidental thereto;

        (d)	the payment of the costs of any proceeding under this Ordinance 
and of any costs incurred by order or under the authority of the Court.



MENTAL HEALTH ORDINANCE - SECT 17
Committee to execute instruments VerDate:01/02/1999





(1)	The committee of the estate of the mentally incapacitated 
person shall, in his name and on his behalf, execute all such conveyances 
and instruments of transfer, relative to any sale, mortgage or other 
disposition of his estate as the Court shall order.

(2)	In like manner such committee shall, under the order of the 
Court, exercise all powers whatsoever vested in a mentally incapacitated 
person whether the same are vested in him for his own benefit or in the 
character of trustee or guardian.
(Amended 81 of 1997 s. 58)


MENTAL HEALTH ORDINANCE - SECT 17
Committee to execute instruments VerDate:30/06/1997




(1)	The committee of the estate of the mentally disordered person 
shall, in his name and on his behalf, execute all such conveyances and 
instruments of transfer, relative to any sale, mortgage or other 
disposition of his estate as the Court shall order.

(2)	In like manner such committee shall, under the order of the 
Court, exercise all powers whatsoever vested in a mentally disordered 
person whether the same are vested in him for his own benefit or in the 
character of trustee or guardian.



MENTAL HEALTH ORDINANCE - SECT 18
(Repealed 81 of 1997 s. 13) VerDate:01/02/1999







MENTAL HEALTH ORDINANCE - SECT 18
Performance of contract VerDate:30/06/1997



Where a person having contracted to sell or otherwise dispose of his 
estate or any part thereof afterwards becomes mentally disordered, the 
Court may, if the contract is such as the Court thinks ought to be 
performed, direct the committee of the estate to execute such conveyances 
and to do such acts in fulfilment of the contract as it shall think 
proper.



MENTAL HEALTH ORDINANCE - SECT 19
(Repealed 81 of 1997 s. 14) VerDate:01/02/1999







MENTAL HEALTH ORDINANCE - SECT 19
Partner found to be mentally disordered VerDate:30/06/1997



If a member of a partnership firm be found to be mentally disordered, the 
Court may, on the application of the other partners or of any person who 
appears to the Court to be entitled to require the same, dissolve the 
partnership; and thereupon, or upon a dissolution by decree of Court or 
otherwise by due course of law, the committee of the estate may, in the 
name and on behalf of the mentally disordered person, join with the other 
partners in disposing of the partnership property upon such terms, and 
shall do all such acts for carrying into effect the dissolution of the 
partnership, as the Court shall think proper.



MENTAL HEALTH ORDINANCE - SECT 20
(Repealed 81 of 1997 s. 15) VerDate:01/02/1999







MENTAL HEALTH ORDINANCE - SECT 20
Disposal of business premises VerDate:30/06/1997



Where a mentally disordered person has been engaged in business the Court 
may, if it appears to be for the benefit of his estate that the business 
premises should be disposed of order the committee of the estate to sell 
and dispose of the same, and the moneys arising from such sale shall be 
applied in such manner as the Court shall direct.



MENTAL HEALTH ORDINANCE - SECT 21
Committee may dispose of lease VerDate:01/02/1999




Where a mentally incapacitated person is entitled to a lease or 
under-lease, and it appears to be for the benefit of his estate that it 
should be disposed of, the committee of the estate may by order of the 
Court surrender, assign or otherwise dispose of the same to such person 
for such valuable or nominal consideration and upon such terms as the 
Court shall think fit.
(Amended 81 of 1997 s. 58)


MENTAL HEALTH ORDINANCE - SECT 21
Committee may dispose of lease VerDate:30/06/1997



Where a mentally disordered person is entitled to a lease or under-lease, 
and it appears to be for the benefit of his estate that it should be 
disposed of, the committee of the estate may by order of the Court 
surrender, assign or otherwise dispose of the same to such person for such 
valuable or nominal consideration and upon such terms as the Court shall 
think fit.



MENTAL HEALTH ORDINANCE - SECT 22
Transfer of stock of mentally incapacitated person VerDate:01/02/1999




Where any stock or Government security or any share or debenture in a 
public company, transferable within Hong Kong or the dividends of which 
are payable there, are standing in the name of, or are vested in, a 
mentally incapacitated person beneficially entitled thereto or a committee 
of the estate of a mentally incapacitated person or a trustee for him, and 
the committee or trustee dies intestate or himself becomes a mentally 
incapacitated person or is out of the jurisdiction of the Court, or it is 
uncertain whether the committee or trustee be living or dead or he 
neglects or refuses to transfer the stock, securities or shares or to 
receive and pay the dividends to a new committee or trustee, or as he 
directs, within 14 days after being required by him to do so, the Court 
may order some fit person to make such transfer or to transfer the same 
and to receive and pay over the dividends in such manner as the Court may 
direct, and such transfer or payment shall be valid and effectual for all 
purposes.
(Amended 46 of 1988 s. 32; 81 of 1997 s. 58)


MENTAL HEALTH ORDINANCE - SECT 22
Transfer of stock of mentally disordered person VerDate:30/06/1997



Where any stock or Government security or any share or debenture in a 
public company, transferable within Hong Kong or the dividends of which 
are payable there, are standing in the name of, or are vested in, a 
mentally disordered person beneficially entitled thereto or a committee of 
the estate of a mentally disordered person or a trustee for him, and the 
committee or trustee dies intestate or himself becomes a mentally 
disordered person or is out of the jurisdiction of the Court, or it is 
uncertain whether the committee or trustee be living or dead or he 
neglects or refuses to transfer the stock, securities or shares or to 
receive and pay the dividends to a new committee or trustee, or as he 
directs, within 14 days after being required by him to do so, the Court 
may order some fit person to make such transfer or to transfer the same 
and to receive and pay over the dividends in such manner as the Court may 
direct, and such transfer or payment shall be valid and effectual for all 
purposes.
(Amended 46 of 1988 s. 32)



MENTAL HEALTH ORDINANCE - SECT 23
Transfer of property of mentally incapacitated person residing out of Hong Kong VerDate:01/02/1999




Where any property situate in Hong Kong is standing in the name of or 
vested in any person residing out of Hong Kong, the Court, upon being 
satisfied that such person has been declared to be mentally incapacitated 
and that his personal estate has been vested in a committee, curator or 
manager according to the laws of the place where he is residing, may order 
some fit person to make such transfer of the property, or of any part 
thereof, to such committee, curator or manager or otherwise, and also to 
receive and pay over any proceeds or profits thereof as the Court may 
think fit; and any act done in pursuance of such order shall be valid and 
effectual for all purposes.
(Amended 46 of 1988 s. 32; 81 of 1997 s. 16)


MENTAL HEALTH ORDINANCE - SECT 23
Transfer of property of mentally disordered person residing out of Hong Kong VerDate:30/06/1997



Where any property situate in Hong Kong is standing in the name of or 
vested in any person residing out of Hong Kong, the Court, upon being 
satisfied that such person has been declared of unsound mind and that his 
personal estate has been vested in a committee, curator or manager 
according to the laws of the place where he is residing, may order some 
fit person to make such transfer of the property, or of any part thereof, 
to such committee, curator or manager or otherwise, and also to receive 
and pay over any proceeds or profits thereof as the Court may think fit; 
and any act done in pursuance of such order shall be valid and effectual 
for all purposes.
(Amended 46 of 1988 s. 32)



MENTAL HEALTH ORDINANCE - SECT 24
Power to order maintenance without appointing committee VerDate:01/02/1999




If it appears to the Court, having regard to the situation and condition 
in life of the mentally incapacitated person and his family and the other 
circumstances of the case, to be expedient that his property should be 
made available for his or their maintenance in a direct and inexpensive 
manner, the Court may, instead of appointing a committee of the estate, 
order that the property, if money, or, if of any other description, the 
produce thereof when realized, be paid to such person as the Court may 
think fit to be applied for the purpose aforesaid, and all payments so 
made shall be a good discharge to the person making the same.
(Amended 81 of 1997 s. 58)


MENTAL HEALTH ORDINANCE - SECT 24
Power to order maintenance without appointing committee VerDate:30/06/1997



If it appears to the Court, having regard to the situation and condition 
in life of the mentally disordered person and his family and the other 
circumstances of the case, to be expedient that his property should be 
made available for his or their maintenance in a direct and inexpensive 
manner, the Court may, instead of appointing a committee of the estate, 
order that the property, if money, or, if of any other description, the 
produce thereof when realized, be paid to such person as the Court may 
think fit to be applied for the purpose aforesaid, and all payments so 
made shall be a good discharge to the person making the same.



MENTAL HEALTH ORDINANCE - SECT 25
Temporary provision for maintenance of mentally incapacitated person VerDate:01/02/1999



If it appears to the Court that the mental incapacity of a mentally 
incapacitated person is in its nature temporary, and that it is expedient 
to make temporary provision for his maintenance or the maintenance of his 
family, the Court may in the manner provided by section 24 direct his 
property or a sufficient part of it to be applied for the purpose 
aforesaid.
(Amended 81 of 1997 ss. 17 & 58)



MENTAL HEALTH ORDINANCE - SECT 25
Temporary provision for maintenance of mentally disordered person VerDate:30/06/1997



If it appears to the Court that the unsoundness of mind of a mentally 
disordered person is in its nature temporary, and that it is expedient to 
make temporary provision for his maintenance or the maintenance of his 
family, the Court may in the manner provided by section 24 direct his 
property or a sufficient part of it to be applied for the purpose 
aforesaid.



MENTAL HEALTH ORDINANCE - SECT 26
Order for detention of mentally disordered person VerDate:01/02/1999




When upon any inquiry under this Part any person has been found by the 
Court to be mentally disordered and incapable, by reason of mental 
disorder, of managing and administering his property and affairs, the 
Court may make an order for such person to be received into a mental 
hospital and send him in suitable custody, together with the order for his 
reception, to the mental hospital named in such order.
(Replaced 81 of 1997 s. 18)


MENTAL HEALTH ORDINANCE - SECT 26
Order for detention of mentally disordered person VerDate:30/06/1997



When upon any inquiry under this Part any person has been found by the 
Court to be of unsound mind and incapable of managing himself and his 
affairs, the Court shall either make an order for such person to be 
received into a mental hospital and send him in suitable custody, together 
with the order for his reception, to the mental hospital named in such 
order, or, if any friend or relative of such person shall undertake in 
writing to the satisfaction of the Court that such person shall be 
properly taken care of and shall be prevented from doing injury to himself 
or others, make him over to the care of such friend or relative.



MENTAL HEALTH ORDINANCE - SECT 26A
Order for potential guardianship of mentally incapacitated person VerDate:01/02/1999



When upon any inquiry under this Part any person has been found by the 
Court to be mentally incapacitated and incapable, by reason of mental 
incapacity, of managing and administering his property and affairs, the 
Court may recommend the applicant under this Part to make an application 
for a guardianship order under Part IVB, unless the mentally incapacitated 
person has already been received into guardianship under this Ordinance.
(Added 81 of 1997 s. 19)



MENTAL HEALTH ORDINANCE - SECT 26B
Variation of powers of committee of the estate or the replacement of committee of the estate VerDate:01/02/1999




(1)	The Court may, on an application under subsection (2), make an 
order-

        (a)	to vary any powers of a committee of the estate ("relevant 
committee") appointed under section 11 or this section;

        (b)	to replace the relevant committee by another committee of the 
estate, and where the relevant committee is not the Official Solicitor he 
may be so appointed.

(2)	An application under this section may be made by any relative 
of the person alleged to be a mentally incapacitated person, but if no 
such application is made by such relative, then by-

        (a)	the Director of Social Welfare;

        (b)	the Official Solicitor;

        (c)	any guardian of that person appointed under Part IVB; or

        (d)	the relevant committee.
(Added 81 of 1997 s. 19)



MENTAL HEALTH ORDINANCE - SECT 27
Annulling proceedings VerDate:01/02/1999




(1)	When any person has been found to be mentally incapacitated and 
it shall be shown to the Court, either on the application of such person 
or of any other person acting on his behalf or on the information of any 
other person, that there is reason to believe that such person has become 
capable of managing and administering his property and affairs, the Court 
may make an order for inquiry whether such person is so capable.

(2)	An inquiry under this section shall be conducted in the same 
manner as an inquiry under section 10(1), and the power under section 9 to 
examine a person alleged to be mentally incapacitated shall be applied 
accordingly.  (Replaced 81 of 1997 s. 20)

(3)	If it be found on such inquiry that the person who is the 
subject of the inquiry has become capable of managing and administering 
his affairs, the Court shall order all proceedings in such matter to cease 
or to be set aside on such terms and conditions as under the circumstances 
of the case shall appear proper.

(4)	A committee of the estate appointed under this Part for any 
mentally incapacitated person shall be discharged by order of the Court on 
the Court being satisfied that that person has become capable of managing 
and administering his property and affairs, and may be discharged by order 
of the Court at any time if the Court considers it expedient to do so, and 
such a committee of the estate shall be discharged (without any order) on 
the death of the mentally incapacitated person.  (Added 81 of 1997 s. 20)
(Amended 81 of 1997 s. 20)



MENTAL HEALTH ORDINANCE - SECT 27
Annulling proceedings VerDate:30/06/1997




(1)	When any person has been found of unsound mind and it shall be 
shown to the Court, either on the application of such person or of any 
other person acting on his behalf or on the information of any other 
person, that there is reason to believe that such unsoundness of mind has 
ceased, the Court may make an order for inquiry whether such person is 
still of unsound mind and incapable of managing himself and his affairs.

(2)	The inquiry shall be conducted in the same manner subject to 
the same rules as are hereinbefore described for an inquiry into the 
unsoundness of mind of a person alleged to be mentally disordered.

(3)	If it be found on such inquiry that the unsoundness of mind has 
ceased, the Court shall order all proceedings in such matter to cease or 
to be set aside on such terms and conditions as under the circumstances of 
the case shall appear proper.



MENTAL HEALTH ORDINANCE - SECT 28
References to tribunal by medical superintendent VerDate:01/02/1999




Where the Court has made an order under section 27(3) in respect of any 
person detained in a mental hospital, the medical superintendent of the 
mental hospital shall forthwith, on the production of a certified copy of 
such order, refer the case to the tribunal under section 59D(1)(a).
(Replaced 81 of 1997 s. 21)


MENTAL HEALTH ORDINANCE - SECT 28
Discharge of person found on inquiry not to be of unsound mind VerDate:30/06/1997



When after inquiry into the unsoundness of mind of any person detained in 
a mental hospital, the Court has made an order under section 27 that the 
proceedings shall cease or be set aside, the medical superintendent of the 
mental hospital shall forthwith, on the production of a certified copy of 
such order, discharge from such mental hospital the person whose 
unsoundness of mind has ceased.



MENTAL HEALTH ORDINANCE - SECT 29
(Repealed 46 of 1988 s. 4) VerDate:01/02/1999



PART III

RECEPTION, DETENTION AND TREATMENT OF PATIENTS
(Amended 81 of 1997 s. 22)



MENTAL HEALTH ORDINANCE - SECT 29
(Repealed 46 of 1988 s. 4) VerDate:30/06/1997



PART III

RECEPTION, DETENTION AND TREATMENT OF MENTALLY
DISORDERED PERSONS



MENTAL HEALTH ORDINANCE - SECT 30
Voluntary patients VerDate:30/06/1997




(1)	If a person appears to require treatment in a mental hospital 
and if he, or in the case of a person under the age of 16 years, his 
parent or guardian-

        (a)	is desirous that such person should receive such treatment; and

        (b)	completes an application in writing; and

        (c)	lodges the application with a medical superintendent,
the medical superintendent may admit such person as a voluntary patient.

(2)	A voluntary patient-

        (a)	shall be entitled to leave the mental hospital after the 
expiration of 7 days from his, or if he is under the age of 16 years, his 
parent or guardian, giving notice in writing; or, in the discretion of the 
medical superintendent, verbal notice, to the medical superintendent of 
the intention of the voluntary patient to leave the mental hospital:
Provided that a medical superintendent may in his absolute discretion 
discharge a voluntary patient at any time within such period of 7 days; and

        (b)	shall leave the mental hospital within 72 hours after he, or if 
he is under the age of 16 years his parent or guardian, has received from 
the medical superintendent notice in writing, signed by the medical 
superintendent, stating that the medical superintendent is satisfied that 
it is not necessary that the voluntary patient should remain in the mental 
hospital and that the voluntary patient is required to leave the mental 
hospital.

(3)	A person who became a voluntary patient when he was under the 
age of 16 years shall not remain in a mental hospital as a voluntary 
patient for more than 28 days after he has attained the age of 16 years 
unless during such period of 28 days he shall have completed and lodged 
with the medical superintendent such application as is referred to in 
subsection (1).

(4)	A medical superintendent may detain in a  mental hospital, for 
observation and treatment, a person who has been admitted as a  voluntary 
patient until the expiration of 7 days from the time when such notice as 
is referred to in subsection (2)(a) has been given or, in the case of a 
person who was admitted as a voluntary patient when he was less than 16 
years of age, until the expiration of 28 days after the voluntary patient 
has attained the age of 16 years.



MENTAL HEALTH ORDINANCE - SECT 31
Detention of a patient under observation VerDate:30/06/1997




(1)	An application may be made to a District Judge or magistrate 
for an order for the detention of a patient for observation on the grounds 
that the patient-

        (a)	is suffering from mental disorder of a nature or degree which 
warrants his detention in a mental hospital for observation (or for 
observation followed by medical treatment) for at least a limited period; 
and

        (b)	ought to be so detained in the interests of his own health or 
safety or with a view to the protection of other persons.  (Replaced 46 of 
1988 s. 5)

(1A)	An application for an order for the detention of a patient for 
observation shall be founded on the written opinion in the prescribed form 
of a registered medical practitioner who has examined the patient within 
the previous 7 days, which opinion shall include-

        (a)	a statement that in the opinion of the practitioner the 
conditions set out in subsection (1) are satisfied;

        (b)	such particulars as may be prescribed of the grounds for that 
opinion so far as it relates to the conditions set out in subsection 

(1)(a); and

        (c)	a statement of the reasons for that opinion so far as it 
relates to the conditions set out in subsection (1)(b).  (Added 46 of 1988 
s. 5)

(1B)	Upon receipt of an application under subsection (1) the 
District Judge or magistrate may make an order in the prescribed form 
authorizing the removal of the patient to a mental hospital for the 
purpose of detention and observation during the period not exceeding 7 
days from and including the date of the order.  (Added 46 of 1988 s.5)

(2)	Every such order shall have the effect of authorizing the 
applicant and every public officer with such assistance in each case as 
may be necessary, to use such reasonable force as may be necessary in 
order to remove to a mental hospital the patient and if for any reason it 
is not practicable forthwith to remove him to a mental hospital to detain 
him in a place of safety for a period not exceeding 48 hours.  (Amended 46 
of 1988 s. 5)

(3)	Where the patient has requested to see the District Judge or 
magistrate before such Judge or magistrate determines whether or not to 
make an order under subsection (1B)-

        (a)	the District Judge or magistrate shall not make the order until 
he has seen the patient; and

        (b)	a certificate by the registered medical practitioner who 
furnished the opinion for the purposes of subsection (1A) as to whether or 
not the patient has made such a request shall be sufficient evidence of 
the fact thereof.  (Replaced 46 of 1988 s. 5)

(4)	A medical superintendent may detain in a mental hospital for 
observation, investigation and treatment any person who is the subject of 
an order under this section or under section 32.



MENTAL HEALTH ORDINANCE - SECT 32
Extension of period of detention of a patient under observation VerDate:30/06/1997




(1)	If a patient under observation in a mental hospital has been 
examined by 2 registered medical practitioners, either separately or 
together, and the 2 registered medical practitioners are of the opinion 
that it is necessary that the patient under observation should be detained 
in a mental hospital for a further period for the purpose of observation, 
investigation and treatment, they may complete a certificate in the 
prescribed form and forward it to a District Judge.  (Amended 35 of 1969 
s. 2)

(2)	If a District Judge who has received a certificate in 
accordance with the provisions of subsection (1) is of the opinion that it 
is necessary for the person named in the certificate to be detained in a 
mental hospital for a further period of observation, investigation and 
treatment, he shall countersign the certificate and shall forward it to 
the medical superintendent of the mental hospital in which the person is 
detained.  (Amended 35 of 1969 s. 2)

(3)	Only one extension of not more than 21 days shall be made in 
accordance with this section to any order made in accordance with section 
31.  (Amended 46 of 1988 s. 6)

(4)	Subject to section 36, no person shall be detained in a mental 
hospital after the expiration of the period of any order made in 
accordance with section 31 and of any extension thereto made in accordance 
with this section unless he has become a voluntary patient.  (Amended 46 
of 1988 s. 6)



MENTAL HEALTH ORDINANCE - SECT 33
(Repealed 81 of 1997 s. 24) VerDate:01/02/1999







MENTAL HEALTH ORDINANCE - SECT 33
Application for guardianship VerDate:30/06/1997




(1)	A patient who has attained the age of 18 years may be received 
into guardianship in pursuance of an application (in this Part referred to 
as "a guardianship application") made to the Director of Social Welfare in 
accordance with this section.

(2)	A guardianship application may be made in respect of a patient 
on the grounds that-

        (a)	he is suffering from mental disorder of a nature or degree 
which warrants his reception into guardianship under this section; and

        (b)	it is necessary in the interests of the welfare of the patient 
or for the protection of other persons that the patient should be so 
received.

(3)	A guardianship application shall be founded on the written 
opinions in the prescribed form of 2 registered medical practitioners, and 
each opinion shall include-

        (a)	a statement that in the opinion of the practitioner the 
conditions set out in subsection (2) are satisfied;

        (b)	such particulars as may be prescribed of the grounds for that 
opinion so far as it relates to the conditions set out in subsection 

(2)(a); and

        (c)	a statement of the reasons for that opinion so far as it 
relates to the conditions set out in subsection (2)(b).

(4)	A guardianship application shall state the age of the patient 
or, if his exact age is not known to the applicant, shall state (if it be 
the fact) that the patient is believed to have attained the age of 18 
years.

(5)	The person named as guardian in a guardianship application may 
be either the Director of Social Welfare or any other person (including 
the applicant himself); but a guardianship application in which a person 
other than the Director of Social Welfare is named as guardian shall be of 
no effect unless it is accepted by the Director of Social Welfare and is 
accompanied by a statement in writing by that person that he is willing to 
act as guardian.

(6)	Where a guardianship application names a person other than the 
Director of Social Welfare as the guardian and the Director determines not 
to accept that person as the guardian the Director may appoint himself to 
be the guardian and, if he does so, shall notify the applicant accordingly.
(Replaced 46 of 1988 s. 7)



MENTAL HEALTH ORDINANCE - SECT 34
(Repealed 81 of 1997 s. 25) VerDate:01/02/1999







MENTAL HEALTH ORDINANCE - SECT 34
Effect of guardianship application, etc. VerDate:30/06/1997




(1)	Where a guardianship application, duly made under the 
provisions of this Part and forwarded to the Director of Social Welfare 
within the period allowed by subsection (2), is accepted by him, or he 
appoints himself to be the guardian under section 33(6), the application 
shall, subject to the regulations, confer on him or the person named in 
the application as guardian, to the exclusion of any other person-

        (a)	the power to require the patient to reside at a place specified 
by him or the person named as guardian;

        (b)	the power to require the patient to attend at places and times 
so specified for the purpose of medical treatment, occupation, education 
or training;

        (c)	the power to require access to the patient to be given, at any 
place where the patient is residing, to any registered medical 
practitioner, approved social worker, or other person so specified.

(2)	The period within which a guardianship application is required 
for the purposes of this section to be forwarded to the Director of Social 
Welfare is the period of 14 days beginning with the date on which the 
patient was last examined by a registered medical practitioner before 
giving a medical opinion for the purposes of the application.

(3)	If within the period of 14 days beginning with the day on which 
a guardianship application has been accepted by the Director of Social 
Welfare the application, or any medical opinion given for the purposes of 
the application, is found to be in any respect incorrect or defective, the 
application or opinion may, within that period and with the consent of the 
Director, be amended by the person by whom it was signed; and upon such 
amendment being made the application or opinion shall have effect and 
shall be deemed to have had effect as if it had been originally made as so 
amended:
Provided that the Director shall not consent to an amendment which in his 
opinion has the effect of making a change of substance to any medical 
opinion.

(4)	Where a patient is received into guardianship in pursuance of a 
guardianship application, any previous application under this Part by 
virtue of which he was subject to guardianship or liable to be detained in 
a mental hospital shall cease to have effect.

(5)	The guardianship of a patient shall cease to be of any effect 
on the expiration of 2 years from its commencement unless it is-

        (a)	meanwhile discharged; or

        (b)	renewed by a further application under section 33.
(Replaced 46 of 1988 s. 7)



MENTAL HEALTH ORDINANCE - SECT 35
(Repealed 81 of 1997 s. 26) VerDate:01/02/1999







MENTAL HEALTH ORDINANCE - SECT 35
Transfer of guardianship in case of death, incapacity, etc. of guardian VerDate:30/06/1997




(1)	If any person (other than the Director of Social Welfare) who 
is the guardian of a patient received into guardianship under this Part-

        (a)	dies; or

        (b)	gives notice in writing to the Director of Social Welfare that 
he desires to relinquish the functions of guardian,
the guardianship of the patient shall thereupon vest in the Director of 
Social Welfare.

(2)	If any such guardian, not having given notice under subsection 

(1)(b), is incapacitated by illness or any other cause from performing the 
functions of guardian of the patient, those functions may, during his 
incapacity, be performed on his behalf by the Director of Social Welfare 
or by any other person approved for the purposes by the Director of Social 
Welfare.

(3)	If it appears to a District Judge, upon application made by the 
Director of Social Welfare, or by a patient or a relative of a patient, 
that it would be in the interests of the patient for the guardianship of 
the patient to be transferred to the Director of Social Welfare or to any 
other person approved for the purpose by the Judge, the Judge may make an 
order so transferring the guardianship.

(4)	In such circumstances, by such procedures and subject to such 
conditions as may be prescribed by regulations-

        (a)	a patient who is for the time being liable to be detained in a 
mental hospital under this Part may be transferred into the guardianship 
of the Director of Social Welfare or another person;

        (b)	a patient who is for the time being subject to the guardianship 
of the Director of Social Welfare or other person by virtue of an 
application under this Part or the operation of subsection (1) may be 
transferred into the guardianship of another person or, as the case may 
be, of the Director of Social Welfare, or be transferred to a mental 
hospital.

(5)	A patient transferred to a mental hospital in the manner 
referred to in subsection (4)(b) shall be deemed to be detained under an 
order made under section 31(1B) upon the date of the transfer.
(Replaced 46 of 1988 s. 7)



MENTAL HEALTH ORDINANCE - SECT 35A
General provisions as to applications VerDate:01/02/1999





(1)	Subject to the provisions of this section, an application under 
section 31(1) for detention for observation shall be in the prescribed 
form and may be made by-

        (a)	a relative of the patient;

        (b)	a registered medical practitioner;

        (c)	a public officer in the Social Welfare Department,
and every such application shall specify which of those persons is making 
the application and, if made by a relative of a patient, shall state the 
relationship.

(2)	Before an application under section 31(1) for the detention of 
a patient for observation is made by a registered medical practitioner or 
a public officer in the Social Welfare Department, that practitioner or 
officer shall take such steps as are reasonably practicable to inform a 
person in Hong Kong appearing to him to be a relative of the patient (if 
there is such a person) that the application is to be made, and if the 
medical practitioner or public officer fails to take such steps prior to 
the detention of the patient in a mental hospital, the medical 
superintendent shall, as soon as practicable thereafter, take them.

(3)	No application for detention for observation under section 
31(1) may be made by any person in respect of a patient unless that person 
has personally seen the patient within the period of 14 days ending 
immediately prior to the date of application.
(Added 46 of 1988 s. 7. Amended 81 of 1997 s. 27)


MENTAL HEALTH ORDINANCE - SECT 35A
General provisions as to applications VerDate:30/06/1997




(1)	Subject to the provisions of this section, an application under 
section 31(1) for detention for observation, and a guardianship 
application under section 33(1), shall be in the prescribed form and may 
be made by-

        (a)	a relative of the patient;

        (b)	a registered medical practitioner;

        (c)	a public officer in the Social Welfare Department,
and every such application shall specify which of those persons is making 
the application and, if made by a relative of a patient, shall state the 
relationship.

(2)	Before an application under section 31(1) for the detention of 
a patient for observation is made by a registered medical practitioner or 
a public officer in the Social Welfare Department, that practitioner or 
officer shall take such steps as are reasonably practicable to inform a 
person in Hong Kong appearing to him to be a relative of the patient (if 
there is such a person) that the application is to be made, and if the 
medical practitioner or public officer fails to take such steps prior to 
the detention of the patient in a mental hospital, the medical 
superintendent shall, as soon as practicable thereafter, take them.

(3)	No application for detention for observation under section 
31(1) or application for guardianship under section 33(1) may be made by 
any person in respect of a patient unless that person has personally seen 
the patient within the period of 14 days ending immediately prior to the 
date of application.
(Added 46 of 1988 s. 7)



MENTAL HEALTH ORDINANCE - SECT 36
Detention of certified patients VerDate:01/02/1999





(1)	If-

        (a)	a patient liable to be detained in a mental hospital (otherwise 
than under this section) or in the Correctional Services Department 
Psychiatric Centre; or

        (b)	a voluntary patient in a mental hospital,
has been examined by 2 registered medical practitioners either separately 
or together and the 2 registered medical practitioners are of the opinion 
that-

        (i)	the patient is suffering from mental disorder of a nature or 
degree which makes it appropriate for him to receive medical treatment in 
hospital; and  (Amended 81 of 1997 s. 28)

        (ii)	it is necessary for the health or safety of the patient or for 
the protection of other persons that he should receive such treatment and 
it cannot be provided unless he is detained under this section,
they may complete a certificate in the prescribed form and forward it to a 
District Judge. (Replaced 46 of 1988 s. 8)

(2)	If a District Judge who has received a certificate in 
accordance with subsection (1) is satisfied that the certificate referred 
to in subsection (1) is in order and there are no grounds for rejecting 
it, he shall countersign the certificate and shall forward it to the 
medical superintendent of the mental hospital in which the person is 
detained:  (Amended 46 of 1988 s. 8)
Provided that a District Judge shall not countersign a certificate-

        (a)	in respect of a voluntary patient unless he is satisfied that 
the voluntary patient, or some person on his behalf in the case of a 
voluntary patient of less than 16 years of age, has given notice of the 
intention of the voluntary patient to leave the mental hospital in 
accordance with section 30(2)(a) and that it would be likely to be 
dangerous to the voluntary patient or to other persons if the voluntary 
patient were discharged from the mental hospital; or

        (b)	(Repealed 46 of 1988 s. 8)

(3)	A medical superintendent may detain in a mental hospital for 
observation, investigation and treatment any person who is the subject of 
an order under this section and may transfer the patient to any other 
mental hospital.

(4)	The procedures described in subsections (1) and (2) may be 
undertaken notwithstanding that the patient is detained under a hospital 
order or because he has been sentenced to imprisonment or is detained by 
an order of a court, but where the patient is detained under a hospital 
order or because he has been sentenced to imprisonment-

        (a)	such procedures shall not be commenced more than 30 days before 
the date when he would, in the absence of such procedures, be released 
from detention; and

        (b)	the provisions of Part IV or, where the Criminal Procedure 
Ordinance (Cap 221) applies, that Ordinance, shall continue to apply to 
that patient until that date,
and nothing done under this section shall have the effect of varying any 
order to a court.  (Added 46 of 1988 s. 8)

(5)	This section-

        (a)	applies to a patient who suffers from mental illness or 
psychopathic disorder; and

        (b)	applies to a patient other than a patient referred to in 
paragraph (a) only where the 2 medical practitioners referred to in 
subsection (1) are, in addition to being of the opinion described in that 
subsection, also of the opinion that the patient is abnormally aggressive 
or that his conduct is seriously irresponsible.  (Added 46 of 1988 s. 8)
(Amended 35 of 1969 s. 2)


MENTAL HEALTH ORDINANCE - SECT 36
Detention of certified patients VerDate:30/06/1997




(1)	If-

        (a)	a patient liable to be detained in a mental hospital (otherwise 
than under this section) or in the Correctional Services Department 
Psychiatric Centre; or

        (b)	a voluntary patient in a mental hospital,
has been examined by 2 registered medical practitioners either separately 
or together and the 2 registered medical practitioners are of the opinion 
that-

        (i)	the patient is suffering from mental illness, amounting to 
mental disorder of a nature or degree which makes it appropriate for him 
to receive medical treatment in hospital; and

        (ii)	it is necessary for the health or safety of the patient or for 
the protection of other persons that he should receive such treatment and 
it cannot be provided unless he is detained under this section,
they may complete a certificate in the prescribed form and forward it to a 
District Judge. (Replaced 46 of 1988 s. 8)

(2)	If a District Judge who has received a certificate in 
accordance with subsection (1) is satisfied that the certificate referred 
to in subsection (1) is in order and there are no grounds for rejecting 
it, he shall countersign the certificate and shall forward it to the 
medical superintendent of the mental hospital in which the person is 
detained:  (Amended 46 of 1988 s. 8)
Provided that a District Judge shall not countersign a certificate-

        (a)	in respect of a voluntary patient unless he is satisfied that 
the voluntary patient, or some person on his behalf in the case of a 
voluntary patient of less than 16 years of age, has given notice of the 
intention of the voluntary patient to leave the mental hospital in 
accordance with section 30(2)(a) and that it would be likely to be 
dangerous to the voluntary patient or to other persons if the voluntary 
patient were discharged from the mental hospital; or

        (b)	(Repealed 46 of 1988 s. 8)

(3)	A medical superintendent may detain in a mental hospital for 
observation, investigation and treatment any person who is the subject of 
an order under this section and may transfer the patient to any other 
mental hospital.

(4)	The procedures described in subsections (1) and (2) may be 
undertaken notwithstanding that the patient is detained under a hospital 
order or because he has been sentenced to imprisonment or is detained by 
an order of a court, but where the patient is detained under a hospital 
order or because he has been sentenced to imprisonment-

        (a)	such procedures shall not be commenced more than 30 days before 
the date when he would, in the absence of such procedures, be released 
from detention; and

        (b)	the provisions of Part IV or, where the Criminal Procedure 
Ordinance (Cap 221) applies, that Ordinance, shall continue to apply to 
that patient until that date,
and nothing done under this section shall have the effect of varying any 
order to a court.  (Added 46 of 1988 s. 8)

(5)	This section-

        (a)	applies to a patient who suffers from mental illness or 
psychopathic disorder; and

        (b)	applies to a patient other than a patient referred to in 
paragraph (a) only where the 2 medical practitioners referred to in 
subsection (1) are, in addition to being of the opinion described in that 
subsection, also of the opinion that the patient is abnormally aggressive 
or that his conduct is seriously irresponsible.  (Added 46 of 1988 s. 8)
(Amended 35 of 1969 s. 2)



MENTAL HEALTH ORDINANCE - SECT 37
(Repealed 46 of 1988 s. 9) VerDate:30/06/1997







MENTAL HEALTH ORDINANCE - SECT 38
Temporary transfer of patients VerDate:01/02/1999




When it appears to a medical superintendent that it would be for the 
benefit of any certified patient receiving treatment or special care or 
that it is necessary for the purpose of obtaining treatment of a 
particular nature for any patient, that he should be temporarily 
transferred to and maintained in another hospital, institution or place, 
the medical superintendent, if the person in charge of the other hospital, 
institution or place is willing to receive the patient, may arrange for 
such transfer.
(Amended 46 of 1988 s. 10; 81 of 1997 s. 29)


MENTAL HEALTH ORDINANCE - SECT 38
Temporary transfer of patients VerDate:30/06/1997



When it appears to a medical superintendent that it would be for the 
benefit of any certified patient receiving treatment or special care or 
that it is necessary for the purpose of obtaining special treatment for 
any patient, that he should be temporarily transferred to and maintained 
in another hospital, institution or place, the medical superintendent, if 
the person in charge of the other hospital, institution or place is 
willing to receive the patient, may arrange for such transfer.
(Amended 46 of 1988 s. 10)



MENTAL HEALTH ORDINANCE - SECT 39
Absence on trial VerDate:30/06/1997




(1)	A medical superintendent may from time to time permit a 
certified patient or a patient under observation to be absent from the 
mental hospital on trial for such periods as the medical superintendent 
may think proper.  (Amended 46 of 1988 s. 11)

(2)	Any absence on trial under this section shall be subject to 
such conditions as the medical superintendent may prescribe.

(3)	In any case where a patient is absent from a mental hospital in 
accordance with this section, the medical superintendent may, subject to 
subsection (5), by notice in writing in the prescribed form to the patient 
or to the person for the time being in charge of the patient, revoke the 
permission to be absent and recall the patient to the mental hospital if 
he is of the opinion that it is necessary so to do in the interests of the 
patient's health or safety or for the protection of other persons.  
(Replaced 46 of 1988 s. 11)

(4)	If before the expiry of any period of absence which has been 
prescribed the medical superintendent certifies in the prescribed form 
that it is not necessary that the patient be detained in a mental hospital 
he shall be deemed to have been lawfully discharged in accordance with the 
provisions of this Ordinance.  (Amended 46 of 1988 s. 11)

(5)	A patient who has been permitted to be absent from a mental 
hospital in accordance with the provisions of this section shall not be 
recalled under subsection (3) after he has ceased to be liable to be 
detained under this Ordinance.  (Added 46 of 1988 s. 11)



MENTAL HEALTH ORDINANCE - SECT 40
(Repealed 46 of 1988 s. 12) VerDate:30/06/1997







MENTAL HEALTH ORDINANCE - SECT 41
(Repealed 46 of 1988 s. 12) VerDate:30/06/1997







MENTAL HEALTH ORDINANCE - SECT 42
Discharge of patient before recovery VerDate:30/06/1997




(1)	Where on behalf of a patient including a voluntary patient a 
relative or friend of the patient makes application in writing in the 
prescribed form to the medical superintendent-

        (a)	stating the relationship or connection of the applicant with 
the patient;

        (b)	requesting that the patient may be delivered over to the 
applicant; and

        (c)	undertaking that the patient will receive proper care and will 
be prevented from doing injury to himself or to others and, in the case of 
an application by a person other than the person on whose application the 
patient was admitted to a mental hospital, satisfies the medical 
superintendent that before he made the application he served on such 
person notice of his intention so to do,
the medical superintendent shall within 48 hours of the receipt of the 
application either-

        (i)	discharge the patient to the applicant notwithstanding that the 
patient is still a mentally disordered person; or

        (ii)	give to the applicant a certificate in the prescribed form 
stating that he refuses to discharge the patient on the ground that-
(A)	he is satisfied that the patient is dangerous or otherwise 
unfit to be at large; or
(B)	he is not satisfied that the patient will receive proper care.

(2)	(Repealed 46 of 1988 s. 13)



MENTAL HEALTH ORDINANCE - SECT 42A
Discharge of patient VerDate:01/02/1999




(1)	Subject to section 42B a patient who is for the time being 
liable to be detained shall cease to be so liable if there is made in 
accordance with this section an order in writing discharging him from 
detention (referred to as an "order for discharge" in this section and 
section 42B, but subject to subsection (6) of that section).  (Amended 81 
of 1997 s. 30)

(2)	An order for discharge may be made in respect of a patient-

        (a)	where the patient is liable to be detained in a mental 
hospital, by the medical superintendent;

        (b)	(Repealed 81 of 1997 s. 30)
(Added 46 of 1988 s. 14)



MENTAL HEALTH ORDINANCE - SECT 42A
Discharge of patient VerDate:30/06/1997




(1)	Subject to section 42B a patient who is for the time being 
liable to be detained or subject to guardianship shall cease to be so 
liable or subject if there is made in accordance with this section an 
order in writing discharging him from detention or guardianship (referred 
to as an "order for discharge" in this section and section 42B, but 
subject to subsection (6) of that section).

(2)	An order for discharge may be made in respect of a patient-

        (a)	where the patient is liable to be detained in a mental 
hospital, by the medical superintendent;

        (b)	where the patient is subject to guardianship, by the Director 
of Social Welfare.
(Added 46 of 1988 s. 14)



MENTAL HEALTH ORDINANCE - SECT 42B
Conditional discharge of patients with propensity to violence VerDate:01/07/2007


For the saving and transitional provisions relating to the amendments made 
by the Resolution of the Legislative Council (L.N. 130 of 2007), see 
paragraph (12) of that Resolution.

(1)	Where-

        (a)	it appears to the medical superintendent that a patient has a 
medical history of criminal violence or a disposition to commit such 
violence; but

        (b)	the medical superintendent is of the opinion that the patient 
may safely be discharged subject to conditions to be specified in an order 
for discharge,
the medical superintendent may, in the exercise of his powers under 
section 42A, but subject to any restriction on such power imposed by any 
provision of Part IV, make an order for discharge subject to compliance by 
the patient discharged (in this section and section 43 called "the 
conditionally discharged patient") with conditions.

(2)	Without prejudice to the power of the medical superintendent in 
the exercise of his powers under subsection (1) to impose such conditions 
as he thinks fit on an order for discharge, being conditions reasonable in 
the circumstances, such conditions may require the conditionally 
discharged patient-

        (a)	to reside at a place specified by the medical superintendent;

        (b)	to attend at an out-patient department of a hospital or at a 
clinic specified by the medical superintendent;

        (c)	to take medication as prescribed by a medical practitioner; or

        (d)	to be under the supervision of the Director of Social Welfare.

(3)	In any case where-

        (a)	it appears to a medical superintendent that a conditionally 
discharged patient has failed to comply with any condition to which his 
order for discharge is subject; and

        (b)	the medical superintendent is of the opinion that it is 
necessary in the interests of the patient's health or safety, or for the 
protection of other persons, to recall the patient to a mental hospital,
the medical superintendent may, by notice in writing in the prescribed 
form to the conditionally discharged patient or to the person in charge of 
the conditionally discharged patient, recall the patient to the mental 
hospital and, upon the giving of the notice to the patient, or at such 
subsequent time as may be stated in the notice, the patient may be 
detained and section 43(5) shall apply accordingly.

(4)	Any conditionally discharged patient recalled to a mental 
hospital under subsection (3) shall, upon admission to that hospital, be 
deemed to have been detained therein under section 31 and, for the 
purposes of that section, the patient shall be deemed to have been 
detained in that hospital in pursuance of an order under section 31(1B) 
made at the time of admission.

(5)	The medical superintendent may at any time by notice in writing 
to the conditionally discharged patient vary the conditions of his 
discharge.

(6)	This section shall apply to a person who is admitted to the 
Correctional Services Department Psychiatric Centre in pursuance of a 
hospital order with the following modifications-

        (a)	references in subsections (1) and (2) to the medical 
superintendent shall be construed as references to the Commissioner of 
Correctional Services and references to the exercise of the medical 
superintendent's powers under section 42A as references to any power 
vested in the Commissioner to discharge a person from the Centre;

        (b)	references to an order of discharge shall be construed as 
references to an order of discharge by the Commissioner of Correctional 
Services with the consent of the Chief Executive given under section 
47(1A)(b);  (Amended 60 of 2000 s. 3)

        (c)	references in subsections (3), (4) and (5) to the medical 
superintendent shall be construed as references to a medical officer 
authorized for the purposes of those subsections in writing by the 
Secretary for Food and Health; and  (Amended L.N. 76 of 1989; 68 of 1990 
s. 24; L.N. 106 of 2002; L.N. 130 of 2007)

        (d)	references in subsection (3) or (4) to recall to a mental 
hospital shall be construed as references to call to a mental hospital 
specified by such medical officer in the notice given under subsection (3),
and the power to discharge the patient at any time subsequent to the 
making of the order of conditional discharge may be exercised by that 
medical officer who shall have, in that respect, the power of a medical 
superintendent under section 42A.
(Added 46 of 1988 s. 14)



MENTAL HEALTH ORDINANCE - SECT 42B
Conditional discharge of patients with propensity to violence VerDate:01/07/2002





(1)	Where-

        (a)	it appears to the medical superintendent that a patient has a 
medical history of criminal violence or a disposition to commit such 
violence; but

        (b)	the medical superintendent is of the opinion that the patient 
may safely be discharged subject to conditions to be specified in an order 
for discharge,
the medical superintendent may, in the exercise of his powers under 
section 42A, but subject to any restriction on such power imposed by any 
provision of Part IV, make an order for discharge subject to compliance by 
the patient discharged (in this section and section 43 called "the 
conditionally discharged patient") with conditions.

(2)	Without prejudice to the power of the medical superintendent in 
the exercise of his powers under subsection (1) to impose such conditions 
as he thinks fit on an order for discharge, being conditions reasonable in 
the circumstances, such conditions may require the conditionally 
discharged patient-

        (a)	to reside at a place specified by the medical superintendent;

        (b)	to attend at an out-patient department of a hospital or at a 
clinic specified by the medical superintendent;

        (c)	to take medication as prescribed by a medical practitioner; or

        (d)	to be under the supervision of the Director of Social Welfare.

(3)	In any case where-

        (a)	it appears to a medical superintendent that a conditionally 
discharged patient has failed to comply with any condition to which his 
order for discharge is subject; and

        (b)	the medical superintendent is of the opinion that it is 
necessary in the interests of the patient's health or safety, or for the 
protection of other persons, to recall the patient to a mental hospital,
the medical superintendent may, by notice in writing in the prescribed 
form to the conditionally discharged patient or to the person in charge of 
the conditionally discharged patient, recall the patient to the mental 
hospital and, upon the giving of the notice to the patient, or at such 
subsequent time as may be stated in the notice, the patient may be 
detained and section 43(5) shall apply accordingly.

(4)	Any conditionally discharged patient recalled to a mental 
hospital under subsection (3) shall, upon admission to that hospital, be 
deemed to have been detained therein under section 31 and, for the 
purposes of that section, the patient shall be deemed to have been 
detained in that hospital in pursuance of an order under section 31(1B) 
made at the time of admission.

(5)	The medical superintendent may at any time by notice in writing 
to the conditionally discharged patient vary the conditions of his 
discharge.

(6)	This section shall apply to a person who is admitted to the 
Correctional Services Department Psychiatric Centre in pursuance of a 
hospital order with the following modifications-

        (a)	references in subsections (1) and (2) to the medical 
superintendent shall be construed as references to the Commissioner of 
Correctional Services and references to the exercise of the medical 
superintendent's powers under section 42A as references to any power 
vested in the Commissioner to discharge a person from the Centre;

        (b)	references to an order of discharge shall be construed as 
references to an order of discharge by the Commissioner of Correctional 
Services with the consent of the Chief Executive given under section 
47(1A)(b);  (Amended 60 of 2000 s. 3)

        (c)	references in subsections (3), (4) and (5) to the medical 
superintendent shall be construed as references to a medical officer 
authorized for the purposes of those subsections in writing by the 
Secretary for Health, Welfare and Food; and  (Amended L.N. 76 of 1989; 68 
of 1990 s. 24; L.N. 106 of 2002)

        (d)	references in subsection (3) or (4) to recall to a mental 
hospital shall be construed as references to call to a mental hospital 
specified by such medical officer in the notice given under subsection (3),
and the power to discharge the patient at any time subsequent to the 
making of the order of conditional discharge may be exercised by that 
medical officer who shall have, in that respect, the power of a medical 
superintendent under section 42A.
(Added 46 of 1988 s. 14)


MENTAL HEALTH ORDINANCE - SECT 42B
Conditional discharge of patients with propensity to violence VerDate:01/07/1997


Adaptation amendments retroactively made - see 60 of 2000 s. 3


(1)	Where-

        (a)	it appears to the medical superintendent that a patient has a 
medical history of criminal violence or a disposition to commit such 
violence; but

        (b)	the medical superintendent is of the opinion that the patient 
may safely be discharged subject to conditions to be specified in an order 
for discharge,
the medical superintendent may, in the exercise of his powers under 
section 42A, but subject to any restriction on such power imposed by any 
provision of Part IV, make an order for discharge subject to compliance by 
the patient discharged (in this section and section 43 called "the 
conditionally discharged patient") with conditions.

(2)	Without prejudice to the power of the medical superintendent in 
the exercise of his powers under subsection (1) to impose such conditions 
as he thinks fit on an order for discharge, being conditions reasonable in 
the circumstances, such conditions may require the conditionally 
discharged patient-

        (a)	to reside at a place specified by the medical superintendent;

        (b)	to attend at an out-patient department of a hospital or at a 
clinic specified by the medical superintendent;

        (c)	to take medication as prescribed by a medical practitioner; or

        (d)	to be under the supervision of the Director of Social Welfare.

(3)	In any case where-

        (a)	it appears to a medical superintendent that a conditionally 
discharged patient has failed to comply with any condition to which his 
order for discharge is subject; and

        (b)	the medical superintendent is of the opinion that it is 
necessary in the interests of the patient's health or safety, or for the 
protection of other persons, to recall the patient to a mental hospital,
the medical superintendent may, by notice in writing in the prescribed 
form to the conditionally discharged patient or to the person in charge of 
the conditionally discharged patient, recall the patient to the mental 
hospital and, upon the giving of the notice to the patient, or at such 
subsequent time as may be stated in the notice, the patient may be 
detained and section 43(5) shall apply accordingly.

(4)	Any conditionally discharged patient recalled to a mental 
hospital under subsection (3) shall, upon admission to that hospital, be 
deemed to have been detained therein under section 31 and, for the 
purposes of that section, the patient shall be deemed to have been 
detained in that hospital in pursuance of an order under section 31(1B) 
made at the time of admission.

(5)	The medical superintendent may at any time by notice in writing 
to the conditionally discharged patient vary the conditions of his 
discharge.

(6)	This section shall apply to a person who is admitted to the 
Correctional Services Department Psychiatric Centre in pursuance of a 
hospital order with the following modifications-

        (a)	references in subsections (1) and (2) to the medical 
superintendent shall be construed as references to the Commissioner of 
Correctional Services and references to the exercise of the medical 
superintendent's powers under section 42A as references to any power 
vested in the Commissioner to discharge a person from the Centre;

        (b)	references to an order of discharge shall be construed as 
references to an order of discharge by the Commissioner of Correctional 
Services with the consent of the Chief Executive given under section 
47(1A)(b);  (Amended 60 of 2000 s. 3)

        (c)	references in subsections (3), (4) and (5) to the medical 
superintendent shall be construed as references to a medical officer 
authorized for the purposes of those subsections in writing by the 
Secretary for Health and Welfare; and  (Amended L.N. 76 of 1989; 68 of 
1990 s. 24)

        (d)	references in subsection (3) or (4) to recall to a mental 
hospital shall be construed as references to call to a mental hospital 
specified by such medical officer in the notice given under subsection (3),
and the power to discharge the patient at any time subsequent to the 
making of the order of conditional discharge may be exercised by that 
medical officer who shall have, in that respect, the power of a medical 
superintendent under section 42A.
(Added 46 of 1988 s. 14)


MENTAL HEALTH ORDINANCE - SECT 42B
Conditional discharge of patients with propensity to violence VerDate:30/06/1997




(1)	Where-

        (a)	it appears to the medical superintendent that a patient has a 
medical history of criminal violence or a disposition to commit such 
violence; but

        (b)	the medical superintendent is of the opinion that the patient 
may safely be discharged subject to conditions to be specified in an order 
for discharge,
the medical superintendent may, in the exercise of his powers under 
section 42A, but subject to any restriction on such power imposed by any 
provision of Part IV, make an order for discharge subject to compliance by 
the patient discharged (in this section and section 43 called "the 
conditionally discharged patient") with conditions.

(2)	Without prejudice to the power of the medical superintendent in 
the exercise of his powers under subsection (1) to impose such conditions 
as he thinks fit on an order for discharge, being conditions reasonable in 
the circumstances, such conditions may require the conditionally 
discharged patient-

        (a)	to reside at a place specified by the medical superintendent;

        (b)	to attend at an out-patient department of a hospital or at a 
clinic specified by the medical superintendent;

        (c)	to take medication as prescribed by a medical practitioner; or

        (d)	to be under the supervision of the Director of Social Welfare.

(3)	In any case where-

        (a)	it appears to a medical superintendent that a conditionally 
discharged patient has failed to comply with any condition to which his 
order for discharge is subject; and

        (b)	the medical superintendent is of the opinion that it is 
necessary in the interests of the patient's health or safety, or for the 
protection of other persons, to recall the patient to a mental hospital,
the medical superintendent may, by notice in writing in the prescribed 
form to the conditionally discharged patient or to the person in charge of 
the conditionally discharged patient, recall the patient to the mental 
hospital and, upon the giving of the notice to the patient, or at such 
subsequent time as may be stated in the notice, the patient may be 
detained and section 43(5) shall apply accordingly.

(4)	Any conditionally discharged patient recalled to a mental 
hospital under subsection (3) shall, upon admission to that hospital, be 
deemed to have been detained therein under section 31 and, for the 
purposes of that section, the patient shall be deemed to have been 
detained in that hospital in pursuance of an order under section 31(1B) 
made at the time of admission.

(5)	The medical superintendent may at any time by notice in writing 
to the conditionally discharged patient vary the conditions of his 
discharge.

(6)	This section shall apply to a person who is admitted to the 
Correctional Services Department Psychiatric Centre in pursuance of a 
hospital order with the following modifications-

        (a)	references in subsections (1) and (2) to the medical 
superintendent shall be construed as references to the Commissioner of 
Correctional Services and references to the exercise of the medical 
superintendent's powers under section 42A as references to any power 
vested in the Commissioner to discharge a person from the Centre;

        (b)	references to an order of discharge shall be construed as 
references to an order of discharge by the Commissioner of Correctional 
Services with the consent of the Governor given under section 47(1A)(b);

        (c)	references in subsections (3), (4) and (5) to the medical 
superintendent shall be construed as references to a medical officer 
authorized for the purposes of those subsections in writing by the 
Secretary for Health and Welfare; and  (Amended L.N. 76 of 1989; 68 of 
1990 s. 24)

        (d)	references in subsection (3) or (4) to recall to a mental 
hospital shall be construed as references to call to a mental hospital 
specified by such medical officer in the notice given under subsection (3),
and the power to discharge the patient at any time subsequent to the 
making of the order of conditional discharge may be exercised by that 
medical officer who shall have, in that respect, the power of a medical 
superintendent under section 42A.
(Added 46 of 1988 s. 14)



MENTAL HEALTH ORDINANCE - SECT 43
Detention and recapture VerDate:01/02/1999





(1)	Every patient received into a mental hospital under the 
authority of this Ordinance may, subject to this Ordinance, be detained 
therein until he is removed or discharged in accordance with this 
Ordinance.

(2)	Where a patient who is for the time being liable to be detained 
in a mental hospital under this Ordinance escapes, he may, subject to the 
provision of this section, be taken into custody and returned to the 
mental hospital by the medical superintendent, any officer or servant of 
such hospital, any person authorized by the medical superintendent or any 
police officer.

(3)	Where a person who is for the time being liable to be detained 
under this Ordinance-

        (a)	fails to return to the mental hospital on any occasion on 
which, or at the expiration of any period for which, permission to be 
absent was granted under section 39, or upon being recalled under that 
section; or

        (b)	absents himself without permission from any place where he is 
required to reside in accordance with conditions imposed on the grant of 
leave of absence under that section,
he may, subject to this section, be taken into custody and returned to the 
mental hospital by the medical superintendent, any officer or servant of 
such hospital, or any person authorized by the medical superintendent.

(4)	(Repealed 81 of 1997 s. 31)

(5)	Where a conditionally discharged patient-

        (a)	fails to return to the mental hospital upon being recalled 
under section 42B(3) or called there under section 42B(6)(d); or

        (b)	absents himself without permission from any place where he is 
required to reside in accordance with conditions imposed on his discharge 
under section 42B,
he may be taken into custody and returned to the mental hospital by the 
medical superintendent, or any officer or servant of the hospital, or any 
other person authorized by the medical superintendent:
Provided that where section 42B(6) applies references in this section to 
the medical superintendent shall be construed as referring to the medical 
superintendent of the mental hospital specified in the notice given under 
section 42B(3).

(6)	A patient shall not be taken into custody under this section 
after the expiration of 28 days beginning with the first day of his 
absence without leave, or, in the case of a failure to return to a mental 
hospital, the day on which the obligation